Civil Procedure SCA Prov Rem

USJR-School of Law Civil Procedure, Provisional Remedy, Special Civil Action
REMEDIAL LAW 1
TRANSCRIPTS
Civil Procedure
Provisional Remedy
Special Civil Action
Judge Debalucos
A.Y 2021-2022
CHOY NOTES
w/ Sherre, Blanche, JCL & JHS
Choy Notes w/ Sherre, Blanche, JCL & JHS 1|P a g e

Remedial Law 1 Rev-Aug. 27, 2021 What is the importance of procedural law?
– in ensuring the effective enforcement of
Choy & Blanche substantive rights thru orderly and speedy
administration of justice. Intended to provide system
20% in Bar – master para gamay bawionon in which plaintiffs may be heard in the correct form
Syllabus of 2022 Bar (secure a copy) and manner and prescribed time confrontation
Rule 1-71 – Civpro before a judge whose author he acknowledged.
Provisional Remedies – another sem

Special civil actions – another sem Other alternative of settlement of conflict is thru a
barrel of a gun. Malexi vs Baltazar 11/22/2017
RA 11576 – included
Arun ma husay, orderly and speedily ang conflict sa
parties.
Prelim to– entire civil procedure, provrem
Midterms to Finals – special civil actions, Sources of procedural law:
Katarungang Pambarangay, Summary Procedure,
Small claims - Rules of court (main source)
- BP 129 as amended
- START OF DISCUSSION - Constitution

- Special laws (VAWC, Family courts act)
What is substantive law? How do you distinguish it - SC decisions

from procedural or remedial law? - SC circulars
- Administrative orders
- Substantive law refers to a law which creates
define and regulates rights or which Rules of court have the force and effect of a law.
regulates rights and duties rise to a cause of Kanang rem law, such as ROC have force and
action. A law that creates rights which give effect of a law. The SC has power to promulgate
rise to a cause of action. rules concerning the enforcement and protection of
the consti rights, pleading, practice, and procedure
What is Remedial law? in all courts. (sec 5, art 8 consti)
– procedural law or adjective law prescribes That provision. Legal basis in promulgating rules on
methods or procedures of enforcing rights or obtain writ of amparo, and rules of habeas data, rules of
redress for violation or invasions created by environmental cases including writ of kalikasan and
substantive law on prescribing on how suits are filed, continuing mandamus. Same legal basis for
tried and decided. (Primicias vs Ocampo 6/20/1953) Summary procedure and rules of procedure on
small claims cases.
In fact, according to SC, that congress has no more
Examples of substantive law: power to alter or supplement rules concerning
- Civil code pleadings, practice, and procedure. Wa na power
- Family code ang Congress ana ang SC because such power to
promulgate rules on regarding those pleading
- RPC practice and procedure has already been given to
These laws give us our rights and duties. If these rights SC by the Constitution. (Echigaray vs DOJ, 301 SCRA
provided by this law are violated, then this will give 19, Estipona v. Lobrigo 8/17/2017)
a cause of action. Naay uban experts or authors in remedial law have
the opinion that said power to promulgate rules in
Remedial law – gamit if nay kaso e file. If way kaso, practice, pleading and procedure is still shared with
way gamit. congress pa japon because Congress has enacted
the speedy trial act and witness protection act. Ana

uban authors pwede japon ang Congress. Pero Another Case: SC said the phrase “in the interest of
ingon ang SC na exclusive ra sa ila. justice” when suspending rules. Kay daghan na
Power of SC to promulgate rules of procedure nagsuon. Ana SC the phrase in the interest of justice
carries with it to amend or suspend rules of is not like a magic wand that once it is invoked, the
procedure in the interest of justice when compelling court may automatically grant the suspension of
reasons may warrant. Sarmiento v. Saratan 2/5/2007 procedure. Land bank of the PH vs CA july 11 2016
Suspending the rules is done only in the most
exceptional circumstances!
According to SC, reasons that would warrant
suspension of rules are: Basic ra ni..
1. The existence of special and compelling reasons Although SC has power to promulgate rules, that
of the case ; power has limitations. What are these limitations?
2. merits of case; 1. The rules that SC shall promulgate have to

provide a simplified and inexpensive
3. Cause not entirely attributable or fault of procedure for speedy disposition of cases
negligence of the party in favor to the suspension of (mao na ge amend ang CivPro)
the rules;
2. Shall be uniform for all cases in the same
4. Lack of any showing that the review sought is grade
frivolous or dilatory/ appeal
3. Shall not diminish, increase or modify
5. Other party may not unjustly prejudiced thereby substantive rights (sec 5, par 5, art 8 of Consti)
Sarmiento v. Saratan 2/5/2007
Phil courts are both courts of law and equity. So,

Examples wherein SC suspend the rules. both legal and equitable jurisdiction is dispensed
We have learned that perfection of an appeal with in the same tribunal (US v. Tamparong 31 Ph
within the period is jurisdictional. It must be filed in reports 321)
the period of filing an appeal, 15 days diba. But in
few cases, the SC allowed filing of late appeal.
WHAT ARE THE CLASSIFICATIONS OF COURTS IN THE
- In the case of PNB v. CA 7/14/1025, allowed PHILIPPINES?
filing of late appeal 3 days late. Ika 18 th day
na siya na file. But in that case, SC allowed it.  Superior courts
- Another case Rep vs. CA, the appeal was  Inferior courts
filed 6 days late. Acc to SC: Sakto 15 days
pero naa sila power to suspend rules in the What is superior courts? Those courts, which power
interest of justice. of review or supervision over lower courts subject to
- Siguenza vs. CA, 13 days late. The SC review and supervision.
allowed appeal even if late.
What are inferior courts?

We have learned that ROC prohibit the filing of a 2nd - Lower in rank and subject to review
motion of reconsideration. Usa rajod n aka MR imo and supervision
pwede e file. That is the ruling in the case of (PP v
Reyes 7/20/2015). Except if didto sa SC na ge file, - MTC is a inferior courts compared to
didto na pwede 2nd motion for MR but there must be RTC
permission from the SC. - RTC is both inferior court and superior
However, in league of cities of PH vs COMELEC, feb court compared to CA/inferior to
13, 2011, the SC allowed 4th motion for MR. 4 CA. but CA is superior over RTC.
motions. Basis? In the interest of justice. Because has power to review the
decisions and orders of RTC
- CA is inferior and superior compared
Remember, ana SC compliance with the rules of to SC. Inferior to SC.
procedure is the general law. Abandonment thereof
should be done only in the most exceptional - SC is the ONLY SUPERIOR COURT.
circumstances. pilapil vs briones feb 5, 2007

Our courts could only classify as original and

appellate courts: Why mahitabo mana? Under the Civil Code, art 9, it
states that courts should decide despite the
Courts of original jurisdiction – are courts where absence of a law. So if naa case nya wa law for that,
cases are filed ORIGINALLY. Diha mag gikan ang the court has to apply or decide a case based on
case/ e file or una e file. equity. Equity follows law.
Example:
- Ejectment must be filed in MTC. If nay law maka apply ana na case, padaplin jod
ng equity.
- Another annulment of marriage, di
man na pwede sa MTC. Adto man
na sa RTC. Example: wa ni naabot SC ha.
Courts of Appellate jurisdiction – power to review on Sugarol ug manok. If naa lalis ig sabong or tari, nya
appeal the decisions or orders of a lower court. The nay lalis as to kinsa naka daog. Ang lagda ana
RTC has power to review decisions over MTC. makatusik ang makadaog. Pananglitan di maka
tusik or mo isa kadiyot ang ulo pero wa makatusik.
Mo lalis ang usa na tablahon wa man naka tusik,
Courts could be classified constitutional courts and moa bot sa court. E dismiss sa court. Decide based
statutory courts: on equity kay wa may law anang lagda sa tari.
Constitutional court – only the Supreme Court. It is a Courts could also be classified into courts of general
court created by the Constitution. jurisdiction or special/limited jurisdiction
Statutory court - All other courts except by SC are General jurisdiction – decide all kinds of cases unless
created by law or statute. By BP 129 as amended. provided or limited by law. RTC is an example
Sandiganbayan – is created by law but mandated Special – hear and try cases expressly provided by
by the Constitution. law like MTC.
What is the Importance of knowing the difference Courts could classified into courts of records or
between statutory and constitutional courts? courts of no records:
Statutory courts can be abolished ANY TIME by
congress
At present, PH courts are COURTS OF RECORDS.
Constitutional courts and its power require
amendment by the Constitution. Di dali2 ma abolish.
Before, nay justice of the peace. Nay kaso e file. Wa
ra. Mura ra barangay, wa record2. Ang iya decision
Classified also: courts of law and courts of equity. di sinuwat. Ingnon raka pildi. Ang testimony not
recorded also. Pero karon wala nana nga court.
Courts of law – decide a case according to
provisions of law while All courts from MTC to SC are courts of records.
Courts of equity- decide a case on what is fair, right What’s the difference cause of action and right of
or just. action?
In the PH, all courts are both courts of law and courts TN: (BAR Q!)
of equity. However equity is applied only in the
absence of law. Unsa maning equity? Remedy
outside of law
- Cause of action – refers to a wrongful act or 4. In cases involving property, jurisdiction over the res
omission/delict committed by defendant in or the thing, which is the subject of litigation. Boston
violation of plaintiff’s rights. Equity Resources Inc vs CA June 19 2013
- Right of action – refers to right of plaintiff to JURISDICTION OVER THE PLAINTIFF

file a case as a consequence of the How acquired?
violation.
Upon the filing of a case either personally or duly

- Cause of action – determined by substantive authorized representative. Di kailangan ang plaintiff
law mo personal mo hatod sa korte sa kaso. Pwede ra
Example: naa kay anak nya di mo support ang siya manugo. Pero kailangan kana ge sugo mo file,
papa. Naaba ka katungod mangayo support sa must be duly authorized (must execute a SPA).
papa?
A: Yes. Ang law gahatag katungod kay FAMILY Bar Q: the plaintiff who was residing abroad
CODE. Mao substantive law na gahatag cause of executed a SPA authorizing his brother to file a
action collection case against defendant. Did the court
acquire jurisdiction over the plaintiff despite the fact
- Right of action – determined by procedural he was in the US?
law. A: Yes, J over P is acquired by court upon filing of
the case personally by him or thru a duly authorized
represented.
BAR Q: What is the difference of court and judge?
Courts – refer to office created by law to interpret
law and apply it in a controversy Suppose he was not duly authorized?
Judge – officer of the court - ana SC if filed in behalf of plaintiff who is not
authorized to do so, the complaint is NOT
- Court is the office and the judge is the officer DEEMED FILED. An Unauthorized complaint
does not produce legal effect. Hence,
Courts – refers to government according to the SC the court should dismiss
the complaint on the ground that it has no
Judge – person who sits on it jurisdiction over plaintiff. Cosco phils
shipping inc vs kemper insurance co april 23
What is JURISDICTION? 2012
Jurisdiction – refers to power of court to hear, try,
and decide a case. Crystal vs Sue nov 29 2017 JURISDICTION OVER THE PPERSON OF THE DEFENDANT
How?
If a court has no jurisdiction over the case, then it has
no power to hear the same and any decision A: the court can acquire thru proper service of
rendered therein is VOID. Way jurisdiction, way summons or voluntary appearance.
power.
The defendant’s voluntary appearance shall be

What are the aspects or elements of jurisdiction? equivalent to service of summons. (sec 23, R14)
Courts may exercise their powers validly and with by TN: voluntary appearance is not limited to physical
binding effect if they acquire jurisdiction over: appearance of the defendant in court. It includes
1. Subject matter or cause of action filing any pleading or motion in court other than an
2. Jurisdiction over the plaintiff or defendant answer with affirmative defense questioning the
jurisdiction of court over his jurisdiction.
3. Jurisdiction over issues of the case
Usa ka pleading na di considered vol ap – answer
with affirmative defense questioning the jurisdiction
of the court. Other motions or pleadings is JURISDICTION OVER THE PARTIES

considered voluntary appearance. - Power of court to make decisions that are
binding on persons. If wa gani maka acquire
Examples: ang court ug jurisdiction over defendant, the
case would be void. De pedro vs Romasan
1. Filing of entry of appearance of the dev corp Nov 26 2016
defendants counsel is considered VA.
Bomarco import Co. Inc. vs Villamina July
27, 2016 JURISDICTION OVER THE SUBJECT MATTER
2. A motion to set aside default order = is – is conferred by law or provided by law and solely
considered voluntary appearance. Filo vs determined on allegations in the complaint and not
San Antonio Sept 8, 2020. in the answer or motion to dismiss filed by the
defendant or evidence presented during trial.
In a proceeding in rem or quasi in rem, jurisdiction

over person of defendant is not a prerequisite to If unsa mga kaso nga didto e file sa RTC, balaod ang
confer jurisdiction in the court provided the latter gabuot niana. Arun makahibaw ang korte adunay
have jurisdiction over the res. jurisdiction sa kaso, dapat basahon ang allegations
sa complaint. If unsa man jod ng kasoha, if unsa
nature ana.
Proceeding in rem / action in rem – action is binding
against the whole world.
It does not depend on the answer or motion to
dismiss by defendant or evidence presented during
Action quasi in rem – action or case that is filed trial. For otherwise the qs in jurisdiction would
against a particular person but directed against his depend entirely on defendant.
property. Purpose is to put a lien into his property.
TN: Once jurisdiction is vested, the same is retained

Jurisdiction over the res acquired either: up to the end of litigation de la Rosa vs Roldan sept
1. Seizure of property under legal process 5 2006
whereby it is brought by actual custody of
the law
If ever, ang jurisdiction sa RTC sa sum of money over
Ex: Prelim attachment 2M, example. Ge butang sa complaint nga ang
2. Putting property under process whereby it is defendant nga ang kaso ge file kay RTC. Nya ge
brought in the actual custody of the law. allege nakautang ug 3 million. However, in the
answer of defendant, the defendant claims that he
3. As a result of the filing or institution of legal admitted the loan of 3M pero naka pay na nya
proceedings in which power of the court is remaining balance is 1M nya dapat e dismiss for lack
recognized and made effective. of jurisdiction. Should the court dismiss case?
- dunay mga kaso like specpro nga ang court
maka acquire jurisdiction over the res or No. because as what we have said, jurisdiction of
thing by merely filing of case in court as the court is conferred by law and solely determined
recognized by law. (Frias v. Alcaidi in allegations of the complaint. If allegations of
2/28/2018) complaint indicate that it is based on the law, then
the court should not dismiss the case even if the
However, acquiring jurisdiction over defendant is answer that defendant claims that court has no
not a prereq in action in rem or quasi in rem. Bec jurisdiction. It does not depend on the answer or on
court can acquire Jurisdiction over the res.. but the motion to dismiss filed by defendant. Not even
summons must still be served upon the defendant on evidence presented during the trial.
not for the purpose of acquiring person over the
defendant but in order to satisfy the DUE PROCESS IOW, the allegations in complaint must allege the
requirements. Gomez vs CA march 10 2004 jurisdiction of the court. If complaint for recovery of
ownership or possession over real property filed in

RTC must allege the assessed value of property Sakto ba RTC na ni take judicial notice tungod sa
which is now the jurisdiction should be 400,000 size of the lot na more than 20,000 kay 40 hectares?
pursuant to RA 11576. Nya ni agree pajod defendant?
If assessed value allege in complaint is less than A: SC said NO bec jurisdiction is provided by law. It
400,000 (based on new law) or there is no assessed cannot be subject to stipulation by parties. Di pwede
value stated at all, the complaint should be nga ma stipulate or mag depend sa stipulation sa
dismissed for lack of jurisdiction. Wa gani ge parties. Di pud na mausab sa RTC. Regalado v dela
mention ang AV, THE COURT HAS TO DISMISS THE pena dec 13 2017
CASE. Supapo vs De Jesus april 20, 2015
Example: during trial, nya 3M collection sum of

Di mahibaw-an if asa na court has jurisdiction or not. money. Pero karn RTC over 2M na. if ni file case ang
Ground: lack of jurisdiction over subject matter. plaintiff for sum of money, he alleged defendant
obtained loan of 3 million but despite demands
defendant failed to pay. During trial, the defendant
However, nay case nga wa ge allege ang assessed was able to present receipts of payments issued by
value. Unsa gani mahitabo if di e allege? plaintiff showing that the defendant has obtained or
DISMISS on the ground Lack of jurisdiction over made partial payment of 2 million. Mawagtang ba
subject matter. jurisdiction sa court because of evidence presented
during trial?
But attached to complaint was a tax declaration,
diha sa tax dec, Makita ang assessed value. Wa niya A: No. jurisdiction is conferred by law and
ge allege ang assessed value pero naa ge attach determined from allegations in the complaint. Once
sa complaint sa copy sa tax declaration wherein it is court acquires jurisdiction over the case, it remains
indicated the assessed value of property. The SC with the court until the determination of the
said that the court may take into consideration the proceedings.
documents attached to the complaint in order to
determine w/n it has jurisdiction over the complaint.
But naa ni exceptions. Gamay ra. Wherein
jurisdiction of court may be determined from the
According to SC, the annexes to the complaint are answer of defendant:
part of the allegations are part of the complaint.
Pwede ra tan-awon sa court. Tumpag vs tumpag
sept 129 2014 1. Ejectment case wherein in the answer, the
defendant raised the defense of tenancy.
- Tenant man ang defendant. That situation
The SC liberally applied the rule in Tumpag vs the court should conduct a hearing to
Tumpag, if the assessed value of property while not determine w/n there is tenancy relation
alleged in the complaint could still be identified or existing between the parties. Because if it
determined thru an official document attached to does exist, the court or MTC does not have
the complaint. jurisdiction over subject matter of the case
bec the Jurisdiction is with the DARAB
Naay kaso na wa gi-allege ang assessed value. (agrarian reform and adjudication board).
Unsa ge buhat court? Pero ang location sa yuta ge Ofilada vs andal jan 26 2015
indicate or allege sa complaint. Ana RTC na “ah, the
court can take judicial notice that considering the 2. The defendant in an injunction case, raised
size of the lot (44 hectares), more than 20,000 RTC in his answer the defense the case involved
man na sauna. Sa gi dak-on sa yuta, klaro nana nga a labor dispute.
iya assessed value is more than 20,000. Wa niya ge
dismiss for lack of jurisdiction. Nga iya assessed value - Kahibaw man ta court way jurisdiction sa
is more than 20,000. So RTC took judicial notice. Ang labor dispute. Adto na sa labor arbiter. There
naka apan kay during the pre-trial or trial, the was injunction case filed by plaintiff.
defendant stipulated and agreed or admitted that Defendant raised that case involved labor
land’s assessed value is more than 20,000. dispute.
Once there is a defense that case involves MTC. Wa ra moreklamo ang defendant. Napildi siya
labor dispute, the court should not niappeal siya sa CA. now, didto sa CA napildi
automatically dismiss the case, the court napud. Pagdawat sa decision sa CA usa pa siya ni
should determine first the veracity of the kisi2. Oy wa diay jurisdiction ang RTC ani. So he filed
defense, so it should conduct a hearing and motion to dismiss and MR arguing that trial court has
determine if it is interwoven with labor no juridisction and decision is void. Ang kaso na
dispute, the court must dismiss case for lack pending for 15 years.
of jurisdiction over subject matter. The
jurisdiction is with the labor arbiter or NLRC
Mindanao rampid co. inc vs umandab mov Ana SC kadugay naka mata. Wala na. estopped
27 1971 na. so SC disallowed the objection of the
defendant. It would be different if early stage sa
Basic: if the court has no jurisdiction over the appeal, ge brought up dayon niya issue of
action, the only power it has is to dismiss the jurisdiction. Gehuwat paman niya moabot 15 years.
case, the court could not decide the case on Na makadawat decision CA usa pa ni reklamo. That
the merits, in order to obviate its decision that is rule of Tijam vs Sibonghanoy and Cabrera vs Clarin
may be rendered void, the court can motu nov 28 2016 . Estoppel by laches is not a general rule.
proprio dismiss case, even if defendant does not
raise defense of lack of jurisdiction if it is
apparent in allegations na wa jurisdiction, court Recent case of Amogis v. Ballado 8/20/2018 – SC
may dismiss case. AT & T Communication reiterated the doctrine of Tijam v Sibonghanoy
services phils inc. vs CIR nov 19 2014 (exception ni). For estoppel by laches to set in, the
circumstances of Tijam should be obtaining in the
case. Kana dugay nitingog or reklamo.
TN: jurisdiction may be objected or raised at any
stage of the proceedings. It can be raised in first time
of appeal. For such jurisdiction is conferred only by According to SC, active participation tantamount
law and cannot be acquired or waived by any act to court’s jurisdiction and will bar party to question
of omission by the parties. It may be alleged first time its jurisdiction. Lapanday agricultural development
in appeal or considered motu proprio. Zamora vs CA corp vs estita 449 scra 240
march 19 1990 / boston equity resources inc vs CA
june 19 2013
No unreasonable time has lapsed – pra mu qualify.
Jurisdiction may be raised for the first in in appeal
bec Jurisdictional issues cannot be waived.
JURISDICTION OVER THE RES OR THING
There is an exception. Adunay instance nga

jurisdiction nga di na ma raise. Jurisdiction over the res or thing – which is subject of
litigation is acquired by either of seizure of property
wherein it is brought by actual custody of court or as
GR: jurisdiction can be raised for the first time on a result of filing in court.
appeal.
But service of summons is still required for
Exc: disallowed to raise question of jurisdiction. compliance with due process requirements. ALBA
VS ca JULY 29 2005 / morales vs agustin june 6 2018
Exception to basic rules operates on principle of
estoppel by laches wherein a party may be barred Jurisdiction over the property which is subject of
by laches by invoking lack of jurisdiction at a late of litigation may result either from recession of the
hour by annulling everything done in the case in the property under legal process whereby it is brought
active participation of said party invoking the plea. into according to the custody of the law. It may
Example: Tijam v. Sibonghanoy, invoked jurisdiction result to institution of legal proceedings wherein the
over trial court and appellate court to obtain power of court of the property is recognized and
affirmative relief and submitted the case to decide made effective.
on merits. It was only after CA had adverse Morales v. Augustine, the filing of complaint before
judgment, that defendant raised first time in appeal RTC which sought the partition of property
for almost 15 years later. Kani na case ge file RTC nya effectively placed said property on the power of
way jurisdiction ang RTC. Kay ang jurisdiction tua sa
court. Di sat nan higayon na kailangan ang property evidence presented during trial. (PAL Inc. vs
dal-on sa court. For example yuta unsaon pgdala PAL savings and loan assoc 2/10/2016)
ngadto sa court? Isulod ug kaang?
SC: The court can acquire jurisdiction over thing BAR Q: distinction between error of jurisdiction vs
upon filing of case in court. It may result to institution error of judgment?
of legal proceedings wherein the power of court of
the property is recognized and made effective.
A:
Res refer to property or thing status or particular fact Error of jurisdiction – court has no jurisdiction but still
which is subject matter in controversy. it decides a case. If no jurisdiction, no power.
Decision would be void
Remedy – petition for relief of judgment
JURISDICTION OVER THE ISSUES:
Error of judgment – court has jurisdiction but

– sahay wa ge apil sa uban author among committed error in appreciation of facts or
elements/req of jurisdiction judgment
Remedy – appeal
How can Jurisdiction over the issues obtained?
In the exams, if wa ge specify ang pila kabuok

- Determined by pleadings filed by the parties distinctions. Automatic 2 e give unless specified.
or by agreement of parties during the trial
- As to what issues be resolved or by TYPES OF JURISDICTION:
agreement
A. Original jurisdiction – try and hear a case
- Issues that were not alleged or proved during instituted for judicial action for the first time
the trial cannot be raised first time on
appeal. If naa issue wa ge alleged sa
pleading sa party, the same cannot be 2 types of original jurisdiction:
brought first time on appeal. 1. Original exclusive
- Issues not alleged in the pleading cannot be 2. Original concurrent
brought for the first time on appeal to ensure
fairness of the proceedings (china trust
commercial bank v. turner 7/3/2017, refer What is original exclusive jurisdiction?
below sa ruling) Refers to power of court to try, hear and decide a
- The courts cannot grant relief not prayed for case to the exclusion of another court.
in the pleadings or in excess of what is being EX: MTC has orig exclusive to hear and decide
sought by parties. Di ka tagaan if waka ejectment cases. (OE).
mangayo. Due process consideration
justifies this requirement. It is improper to
enter an order which exceeds the relief in What is Original concurrent?
the pleadings absence of notice which Refers to Jurisdiction, which is shared with different
affords the opposing party an opportunity to courts to take cognizance of the same stage of the
be heard with respect to the proposed relief. same case
- However, even without the prayer for Example: the CA and RTC have concurrent
specific remedy, bsan wa pangayoa, the jurisdiction over petitions for certiorari mandamus
allegations and proof presented and prohibitions against MTC.
evidence presented during the trial, would
warrant the grant of relief sought by the
court. Wa gibutang sa prayer pero sa B. Appellate – review final order or decisions of
allegations gibutang. Pwede makahatag lower court
basta ge allege in complaint or naay

C. Delegated jurisdiction – refers to jurisdiction, Lowest in hierarchy is the first level courts, which
which belongs to another court but consist of four courts, the MTC or Municipal Trial
delegated to another court for Courts, MCTC or Municipal Circuit Trial Courts, MTCC
convenience. Ge pasa or Municipal Trial Court in Cities, and METC or
Example: cadastral and land registration – is with Metropolitan Trial Courts (Metro Manila or NCR).
RTC jurisdiction. But may be filed in MTC if they are Then we have the RTC or Regional Trial Court, then
unopposed regardless of value of lot. If they are CA or Court of Appeals, then lastly the SC or
contested, value does not exceed 100,000. Supreme Court.
D. Special jurisdiction – refers to MTC’s power to JURISDICTION OF THE SUPREME COURT

hear, try and decide cases for habeas The SC has original and appellate jurisdiction.
corpus or application of bail in the absence Original could be either exclusive or concurrent.
of any RTC in the province or city. Kanang
HC ug post bail RTC na cya pero if way isa ORIGINAL JURISDICTION – can be filed for the first
kabook na RTC judge sa maong syudad time in the court
pwede ang MTC.
CASES THAT ARE IN THE JURISDICTION OF THE
(BAR Q) Difference or distinctions jurisdiction and SUPREME COURT
venue? (memorize)
ORIGINAL EXCLUSIVE JURISDICTION
JURISDICTION vs VENUE ORIGINAL EXCLUSIVE JURISDICTION – no other court
can try the case. If filed with the other court, the case
shall be dismissed.
Basic. Di katubag, di mabogado
 Petition of Certiorari, Prohibition, Mandamus
The respondent could be either be CA, COMELEC,
1. Jurisdiction – conferred by law or refers & COA (constitutional bodies). However, if the
authority of court to hear and decide a case respondent is the Civil Service Commission(CSC) not
(Whereas / while / on the other hand ) Venue included because it is with the CA and not with the
– refers to the place where case is to be filed. SC. The decision of CSC is appeallable to the CA. SC
2. JURISDICTION is fixed by law whereas VENUE also if the respondent is the Sandiganbyan and
is procedural. Court of Tax Appeals.
3. JURISDICTION is fixed by BP129 while VENUE is The SC has also exclusive jurisdiction against
fixed by rules of court or has something to do disciplinary action against member of the bar and
with procedure. court.
4. JURISDICTION cannot be stipulated upon by
parties while VENUE can be stipulated upon ORIGINAL CONCURRENT JURISDICTION
by parties.
5. Question of JURISDICTION cannot be
waived. It can be raised even for the first ORIGINAL CONCURRENT JURISDICTION – can be filed
time on appeal. with the SC or with the other courts. It means shared
jurisdiction.
 cases affecting ambassadors, ministers,
consuls
Jurisdiction of different courts on subject matter is  has concurrent jurisdiction with the CA
provided by BP 129 as amended by RA 7691 and RA involving petition for certiorari, prohibition,
11576 (lately). mandamus where the respondent is the RTC,
Civil Service Commission, or other quasi-
JURISDICTION OF COURTS judicial Bodies including the NLRC
This is important because a case may be dismissed  has concurrent jurisdiction with the CA
if filed in the wrong court. Please familiarize with the involving Petition of Writ of Kalikasan
hierarchy of courts.
Choy Notes w/ Sherre, Blanche, JCL & JHS 10 | P a g e
 has concurrent jurisdiction with RTC and CA

for petition of Habeas Corpus, Petition of COURT OF APPEALS
Quo Warranto, and Petition for Certiorari,
Prohibition, Mandamus against First Level Just like the SC it has original and appellate
Courts jurisdiction. It has also original exclusive and also
original concurrent jurisdiction.
DOCTRINE OF JUDICIAL HIERARCHY – A party filing
the case should follow the hierarchy of courts. If the  actions of annulment of judgment of the RTC
remedy is available in the lower court, such action
must be filed in the lower court. If it is filed with the ORIGINAL CONCURRENT JURISDICTION
Supreme Court, the same may be dismissed for
violation of that doctrine. The Supreme Court in case  has concurrent jurisdiction with the SC
where it has concurrent jurisdiction, it will only involving petition for certiorari, prohibition,
entertain the case where there are special and mandamus where the respondent is the RTC,
important reasons clearly alleged or set out in the Civil Service Commission, or other quasi-
petition. (DOCTRINE OF TRANSCENDENTAL judicial Bodies including the NLRC
IMPORTANCE)  has concurrent jurisdiction with the SC
involving Petition of Writ of Kalikasan
EXAMPLE: You file a petition for quo warranto (CJ  has concurrent jurisdiction with RTC and SC
Sereno Case), one of the defenses is that the for petition of Habeas Corpus, Petition of
petition should be filed with the RTC. Under the Quo Warranto, and Petition for Certiorari,
doctrine of Judicial Hierarchy if that case can be Prohibition, Mandamus against First Level
filed in the lower court, then it should be filed in the Courts
lower court. However in the case of the Chief  has concurrent jurisdiction with SC, RTC, and
Justice, the SC can entertain if there is an important Sandiganbayan for Petition of Writ of
or special reason set out in the petition. Amparo or Petition for Habaeas Data
 Has concurrent jurisdiction with the CA, RTC
and Sandiganbayan over a petition of Writ APPELLATE JURISDICTION
of Amparao and Habeas Data.
 by ordinary appeal over decision rendered
by the RTC in the exercise of its original
APPELLATE JURISDICTION jurisdiction. It the decision is rendered by
If the SC has original jurisdiction, it has also appellate the RTC in a case which is within its original
jurisdiction. jurisdiction, it has to be appealed to the CA
by ordinary appeal. When we say ordinary
 It has the power to review the decisions of appeal we are talking about an appeal
the Court of Appeals, Sandiganbayan, and made by mere notice of appeal.
Court of Tax Appeals, also known as Petition
for Review on Certiorari under Rule 45. TAKE NOTE: If the decision of the RTC is rendered in
the exercised of its appellate jurisdiction, the
 It has also appellate jurisdiction over the decision could be appealed to the CA through
decisions of the RTC rendered in the exercise Petition for Review.
of its original jurisdiction on pure questions of
law. Remember that the SC can directly  the power of review or appellate jurisdiction
review the decision of the RTC if such over the decision of the Civil Service
decision rendered is in the exercise of its Commission, Office of the Ombudsman (in
original jurisdiction of RTC and the only issue administrative cases) and other quasi-
involved is legal, not factual. Also known as judicial bodies through a Petition For Review
Review on Certiorari. under Rule 43
 Also in cases rendered by the RTC, involving

the validity or constitutionality of a treaty, Ng hisgut kog delegegated J-cognizible sa RTC but
international agreement, law, ordinance, delegated by the SC to the MTC ex: cadastral and
presidential decree, jurisdiction of a lower land registration cases
court.

Where to appeal? One case, ang interest agreed by the parties so it

- Decision of MTC shall be appealed to the CA by can be computed, ex: 10% per month so
ordinary appeal. Isipon na ang decision sa MTC computable mabaw-an na ma determine kung
rendered by the RTC, so adto I appeal sa CA. pila. Ang atty sa plaintiff gibutang exclusive ang
ordinary appeal-mere notice of appeal interest so wala niya gi kwenta ang interest only the
principal. Ddto niya gi file sa MTC kay ang principal
amount sa MTC rmn pero if iapil ang interest
mulapas na sa jurisdictional amount sa MTC. The
JURISDICTION OF THE REGIONAL TRIAL COURTS (VERY defendant files a MD on the ground of lack of
IMPORTANT) Jurisdiction of the subject matter.
RTC has original and appellate jurisdiction. When we SC: Gomez v montalban march 14, 2008, when the
say Original – Original Exclusive and also Original interest is agreed upon in the contract, it has to be
Concurrent Jurisdiction over certain cases. included.

Actions involving personal property which value 2 classes of interest:
exceeds over 2M. 1. Those which agreed upon
- Exactly 2M or less ang value sa prop it would 2. Those which is imposed as a punishment
be in first level courts Ex: borrow ka ug money nyawa mgsabot sa interest,
1st level courts: kanang interest na ipatong is punitive
1. MTC-municipal trial courts-makit an sa If ngsabot- contractual interest
lungsod In Gomez it is contractual interest .Also, in Isla v
2. MCTC-municipal circuit trial courts- Istorga July 2, 2018
difference sa MTC ug MCTC
MTC-isa r aka lungsod ang jurisdiction MCTC-it One case: dli loan but damages. Gipakauwawan
could be 2 or more towns ex: camotes islands cya so he filed damages (moral, exemplary, attys
(poro, tudela, pillar) fees). Iyang demand total muabot sa RTC
3. MTCC-municipal trial courts in cities- naa sa jurisdiction (300K-prev law) ddto gi file sa RTC.
mga syudad-ex: MTCC in Cebu City and Defendant filed a motion to dismiss acc to
naa sd MTCC Mandaue and Carcar and defendant: ayaw iapil ang mga moral damages
Bogo etc. kay moo may sulti sa balaod na excluded na.
4. METC-Metropolitan Trial Courts – toa rani sa
Metro Manila SC: where the claim for damages is the main cause
If muingon kog MTC iapil na ang tnan enumeration of action or the main consequence of an action, the
total damages claimed regardless of such kind and
nature shall be the basis of determining jurisdiction.
Ex: Replevin Iapil cla tnan. This is an exception to the GR. Santi v
clarabal feb 22, 2010/ AM Circular No. 09-94
- Actions demanding sum of money excluding the Lahi ni cya sa totality rule sa money claims ha!
interest, damages, atty fees, litigation expenses and
cost (DIAL Cost)
Assignment: remaining jurisdiction of the courts
- di iapil ug kwenta ang DIAL cost sa pag determine
sa jurisdiction Rule 1 to 6
Ex: naay naka borrow nmo ug 1M nya wa mibayad

nagool ka imong gikiha, imong gibutang na 1M
utang nya additional 2M sa imong kaguol or kahasol
so 3M n tnan. Asa I file? Sa RTC? NO bec damages
di iapil ug kwenta kato ra jud principal amount.
How about interest?

September 3, 2021 Damages have to be excluded however where the

Choy with JCL & JHS Notes main cause of action or one of the cause of action
is damages.
ex: gi-embarrassed ka mg file kag damages base on
REGIONAL TRIAL COURT
that or torts naligsan ang victim nakagasto sa
EXCLUSIVE ORIGINAL JURISDICTION (RA 11576) hospital ni suffer ug sleepless nights bec of injuries. All
the amount of damages shall be included
 In all civil actions involve the title to or
regardless of the nature. Moral Damages, Exemplary
possession of, real property or any interest
Damages, Nominal Damages, Attorney’s Fees etc
therein, where the assessed value exceeds
pursuant to the ruling in sante v clarabal feb 20 2010
400,000 pesos, except for forcible entry into
and SC AC No. 09-94 this is pursuant to TOTALITY rule
and unlawful detainer of lands or buildings,
which is applicable to money claims such as non-
original jurisdiction over which is conferred
payment of loan.
upon the Metropolitan Trial Courts, and
Municipal Trial Courts in Cities, Municipal Trial Kanang damages kay nahasol ka or na uwawan ka
Courts and Municipal Circuit Trial Courts. prehas bana sap g collect ug utang? Not the same
 In all actions in admiralty and maritime Kanang money claims- mu-apply ang totality rule
jurisdiction where the demand or claims nga tnan amount, tnan utang example makautang
exceeds 2,000,000 pesos. 1, 2 ,3 e-add up na to determine the jurisdiction
pero excluding sa damages.
 In all matters of probate, both testate and
intestate, where the gross value of the estate Pero kung ang main action or one of the causes of
exceeds 2,000,000 pesos. action is damages iapil ang damages
 In all other cases in which the demand, In an action for sum of money, Jurisdiction is
exclusive of interest, damages of whatever determined by the amount of the claim and not by
kind, attorney’s fees, litigation expenses and the value of the vehicle seized or under the writ of
costs or the value of the property in replevin.
controversy exceeds 2,000 ,000 pesos.
Kanng mukuha ka sa utangan nmo pede mn na
katong nakautang nmo na ngtoo kana di
makabayad.
RTC JURISDICTION
Ex: dunay nangutang nmo kay iya I buy ug car unya
Very important one of the fave qs of the examiner
ang car e-subject ug chattel mortgage sa ato pa
TN!!
guarantee na if di maka-pay ang iya car birahon
RTC has Jurisdiction over cases involving unya gitagoan nya ang car ikaw na ng pautang
recovery of personal prop, value of which pede file an nmo ug collection of sum of money with
exceeds or over 2M. prov rem ug writ of replevin.
Also sauna libog kay I determine if the case is to be So ang iyang utang in the Jurisdiction of the MTC,
filed in MM or outside MM 300K or 400K but under the that is the basis of Jurisdiction and not the value of
new law there is no more distinction within or outside the vehicle seized.
MM
Ex: nangutang cya nmo ug 1M unya imohang gi
- actions demanding sum of money exceeding 2M subject ug writ of replevin ang iyang car na value is
excluding damages, interest, litigation expenses. 4M. Asa I file ang kaso? ang utang 1M under the J
Atty fees, cost. (DIAL Cost) of MTC pero ang car na gi collateral the value is 4M
which is RTC so asa I file? MTC
Gomez vs motalban march 14 2008
Pero if wala cya mangutang ug money gihulman
SC included the contractual interest or interest
lng nya ang car nmo and gusto nmo kuhaon but di
agreed upon in the determination of jurisdiction
nya iuli so mu file ka ug replevin that is recovery of
If the interest is agreed upon the parties PP nya ang value kay 4M so I file nmo sa RTC
(contractual) – it is to be included in the
Fernandez vs International Bank oct 7 1999
determination of jurisdiction but if it is (punitive) not
agreed upon by the parties it is not included in the In all actions in admiralty and maritime
determination of Jurisdiction. jurisdiction where the demand or claims
exceeds 2,000,000 pesos.
Unsa mana?
Mga accident sa kadagatan like duna kay Jurisdiction over the Subject Matter is conferred by
gipadala nga cargo pero wa maabot sa law and determined by the allegation in the
destination. Jurisdiction depends upon the amount complaint.
of damages.
Considering that Jurisdiction shall be determined in
the allegations in the complaint necessarily the
allegations or the value of the complaint must state
In all matters of probate, both testate and
the AV. Ibutang jud na nga ang prop does not
intestate, where the gross value of the estate
exceed 400K if MTC or over 400K if RTC.
exceeds 2,000,000 pesos.
If there is no allegation in the body the case must be
- Probate exceeds 2M
dismiss for lack of Jurisdiction. Sumpapo vs de Jesus
The basis of Jurisdiction is gross value of the estate april 20, 2015
and NOT the assessed value
Naay kaso na complaint wala mg hisgut kung pila
If the Gross Value exceeds 2M then RTC ang AV pero ang copy sa tax dec sa land involved
gi attached sa complaint, the defendant filed an
In all civil actions involve the title to or
MD for lack of J over the SM. The SC ruled that
possession of, real property or any interest
although the rule requiring that the AV of the prop
therein, where the assessed value exceeds
must be stated in the body of the complaint
400,000 pesos, except for forcible entry into
however if the AV can be determined form the
and unlawful detainer of lands or buildings,
annexes or document attached to the complaint
original jurisdiction over which is conferred
the court can use it to determine the jurisdiction over
upon the Metropolitan Trial Courts, and
the case. So pede ra gi liberal ang interpretation.
Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts. Tumpag v tumpag Sept 29, 2014/ Crystal v Sue Nov
29 2017
What is Assessed Value? Kakita mog tax dec sa real
prop? Naas luyo sa tax dec ang amount sa AV for Ang problem sa crystal case ang gi put sa body sa
purposes of real estate taxes. complaint kay market value not the AV. Naka
acquire ba ug Jurisdiction ang court? Unsa gni ang
TN: Assesed Value (AV) is diff from Market Value
rule? If di ma alleged ang AV sa body tan awon ang
(MV)
annexes.
MV moo ang price if imo I sell ang property but AV it
Asa mabasa ang balaod na ang Jursidiction of the
is the valuation given by the assessors office for
court is determined by the AV? BP 120 as amended
purposes of taxes.
by RA 11576
Lahi sd nang zonal kay sa BIR na ang zonal. If I am
Clearly stated by BP 129 that the J is determined by
not mistaken 20% na sa market value ang AV.
the AV not MV Cabrello v Pastor Oct. 2 2019
TN: this is what we call real action, actions involving
On case, na wa giput ang AV but gibutang ang
title to or Possession of real property of any interest
location and size sa prop. Trial court said that the
therein.
court can take judicial notice of the size of the
In order for a case to be considered real action, the property. Sakto ba?
case must involve title to or Possession of real
SC: Jurisdiction is conferred by law
property of any interest therein.
Ang naka nice ani na kaso is ang parties ng stipulate
To be considered as Real Action it is not enough that
nga naay Jurisdiction ang court nya ang trial court
the case involves real prop. The action must involve
pa jud ng take judicial notice.
title to or possession of real property or any interest
therein. SC: Jurisdiction is conferred by law and it cannot be
agreed by parties or subject of stipulation. Regalado
When you say “Title”- don’t think of the paper- that
v dela pena dec 13 2017
means ownership
Remember, although Jurisdiction of the Subject
When the case involving recovery of ownership or
Matter can be raised at any time even if the first time
quieting of title that is a real acton wherein the
of appeal TN of Tijam v Sibonhanoy wherein
Jurisdiction of the court is based on the AV if it is over
estoppel by laches bars the jurisdiction.
400K then it should be filed in the RTC
Then, all ejectment cases, diba ang ejectment ng Ang real action usahay libog why? Dunay recovery
involve ug recovery of RP, also involves recovery of of ownership ang main purpose kay gi-agawan cya
Possession of Real Property but ALL ejectment cases but at the same time he is also asking for nullity of
is in the Jurisdiction of MTC regardless of the value. certain documents.
Bantayanan ni cya if ang ejectment mahimong Ex: katong nangagaw miingun na cya ang real
bahaw: owner kay iya kaning na buy ngpakita cyag deed
of sale karun gusto nmo bawion so gawas na
(rule: Ejectment must be filed within 1 yr from the
bawion nmo I pa declare nmo na and deed kay
disposition of the prop)
void. Ang kanang declaration of nullity lain ni nga
Ex: naay ng lease sa imong house unya wa mi pay class sa kaso nasad. Ang real action shared by MTC
sa rent gipadad-an ug demand wa gihapon so ug RTC but ang kanang nullity incapable of
need naka mu file ug ejectment within 1 yr gkan sa pecuniary estimation exclusive na original action is
pag give ug demand otherwise it can no onger be within RTC. Ang iya AV kay within sa MTC pero ang
considered as Ejectment case it could be dismiss for declaration of nullity case sa RTC mn. So asa I file?
lack of Jurisdiction of the Subject Matter. Action
SC: where the main objective or purpose of the
Publiciana na ang proper action.
plaintiff is to obtain title to or possession of real
Unsay difference? property, it is a real action. If ang iyang ultimate
objective is to obtain title to or recover possession of
Moo ghapon cya recovery for possession but after 1
real propv, it is real action. The prayer for nullification
yr
of some documents is merely incidental. Paglad v
Ejectment vs Action Publiciana Dinglasan March 20, 2013 /Kinaguran v CA aug 24
2007
Ejectment- Jurisdiction are in the MTC
Sa ato tan-awon ani sa facts, if the plaintiff is in
Action Publiciana-Jurisdiction depends upon the AV
possession of the real property and he is asking only
of the prop
for annulment then the action is incapable of
Kaniadto before the amendment of BP 129 nga gi Pecuniary Estimation in which the Jurisdiction is in the
amend sad sa RA 7691 sometime in 1994, tnan cases RTC but if dili cya ang ng possess sa land and gusto
sa real action RTC ang jurisdiction so wa kay libog. nya bawion and he asked also for nullification then
that is a real action wherein the jurisdiction is
But when RA 7691 and now by RA 11576 the
whether in RTC or MTC depending upon the AV of
Jurisdiction over real action is now shared by RTC
the prop.
and MTC depending upon the AV.
Arun saun pg determine sa jurisdiction asa I file, tan
Example of real action: recovery of ownership and
awa kung ang iyang remedies nga gi ask capable
possession
ba of pecuniary estimation (PE).
1. Duna moy yuta and giangkon ug lain tao, igsoon
Unsaon pg determine na capable of PE? If ng ask
sa imo papa kay iya ra daw or silingan nmo niingun
cya ug payment of money
na iya gi buy ang land sa imong uncle nya cla nay
ng possessed sa land kay naay deed of sale. Pede ex: utang- capable
ka mu file ug recovery of ownership and possession
Damages- capable
of real prop
So kung capable –Jurisdiction is determined by the
2. Action Publiciana- what is it? Bahaw nga
amount of the claim or amount of damages
ejectment
What if ang prayer or remedy (main or primary) is
3. Quieting of title
other than payment of money then that is
4. Partition Baredo v donato oct 20 2014 incapable of PE. If it is incapable, that is within the
exclusive J of RTC
5. Judicial foreclosure of mortgage BPI vs JUECO July
22, 2015 Ex:
TN: However, Foreclosure of Mortgage is a real  nullification of deed of sale
action and an Action to Recover the Deficiency is a
 Recession or cancellation of contract
personal action.
If it is incapable of PE the action could be within the
Ex: if mahalin ang land pero di cya kaigo ibayad sa
J of RTC
utang pede mn ang creditor mu file ug deficiency
Why could be? Kay if matawag na real action but gipa choose either I make nya ang house OR iuli nya
ang main purpose is to recover ownership or P of nmo tu imong gi pay na 1M. so ang imong causes
real prop mahimo cyang real action. of action is ALTERNATIVE specific performance OR
reimbursement of sum of money.
Ex: in determining whether an action is on the
subject of which is not capable of PE, the SC first Specific Performance-RTC
determine the principal remedy sought.
Reimbursement-MTC
If primarily, sum of money so capable of PE and J is
SC: When the cause of action is alternative, it is
either with the MTC or RTC depending upon the
considered as capable of PE so the basis for J is the
amount of the claim however where the basic issue
amount of claim
or principal remedy ask is other than recovery of
money where the money claim is incidental or Kning mga kasoha pede ma classify into 3:
consequence of the principal remedy sought then
1. Capable of PE –J is determined by the amount of
the action could be considered as incapable of PE.
the money claim
Pajares v remarkable laundry and drive cleaning
feb 20 2017 2. Incapable of PE- J in the RTC
Most often, usually, the plaintiff will not ask only for 3. Real Action- may be considered as incapable of
nullification of document. PE but the basis of jurisdiction is assessed value.
Ex: contract gusto nmo ipa cancel ang contract kay Kanang breach of contract- naay options or
wa gituman ang imong kasabot sa terms sa choices ang plaintiff
contract. Recession or cancellation of contract nya
Options:
nahasol mn ka unsa imo I ask? Damages ni suffer
kag sleepless nights mental anguish guol kay ka so 1. Specific performance -I PE
mangau kg damages.
2. Recession of contract – I PE
Asa nmo I file?
3. Action for damages- C of PE
TN the primary remedy you are asking for is
If ang main cause of action is damages then
cancellation or recession of contract which is
capable of PE (purely damages)
incapable of PE, the prayer of damages there are
so called incidental remedies pakapin lang. kani Pede I combine specific perf + damages or
kay pakapin man they do not determine jurisdiction. Recession + damages, this time it is incapable of PE
Ex: Incapable of PE: Pero if I alternative nmo “OR” capable of PE
1. Recession or cancellation plus damages Cruz vs Tan 87 Phil 627 bar q /Pajares v remarkable
laundry and drive cleaning
2. Specific performance
Cases not within the exclusive jurisdiction of
Ngpamake kg house pero wa buhata
any court, tribunal, person or body
3. Injunction Gokwengko v CA May 4, 2006 exercising judicial or quasi-judicial
functions (general jurisdiction of RTC)
4. Action to annul a deed of declaration of
heirs RTC is considered as a court of general J
Ang imo lolo naay gi bilin na prop nya imo SPECIAL JURISDICTION
uyoan na niangkon na cla ray heirs kay cla
 SC may designate certain branches of RTC to
ray anak, c mama ug papa nmo pede mu
handle exclusively criminal cases, juvenile
file ug nullity of extra judicial settlement.
and domestic relations cases, agrarian
Razel v vestal 306 scra 739
cases, urban land reform cases which do not
What if dunay kay gi contract na mgpa buhat ug fall under the jurisdiction of any quasi-
house. Ikaw mgpamake, ng contract kg contractor judicial bodies and agencies, and other
unya wa mabuhat ang balay bsan pa na imo cya special cases as the SC may determine in
gibayran ug full. Remedy? File a case for specific the interest of speedy and efficient
performance. administration of justice. (B.P. Blg. 129,
Sec.23)
But what if di naka interesado na buhaton nya ang
house kay bcin di tarungon ug make so imo cya

- RTC has also concurrent J with the SC, CA involving 3. Complaints for annulment, and declaration of
CPM wherein the adverse party is the MTC nullity of marriage and matters relating to marital
status and property relations of husband wife or
those living together under different status or
CONCURRENT JURISDICTION: agreement, and petitions for dissolution of conjugal
partnership of gains:
With the SC:
4. Petitions for support and/or acknowledgement;
Action affecting ambassadors, public ministers, and
consuls. 5. Summary judicial proceedings under the Family
Code;
6. Petition for declaration of status of children as
With the SC & CA:
abandoned, dependent, or neglected; petitions
1. Petitions for Habeas Corpus; for voluntary or involuntary commitment of children
and matters relating to the suspension, termination,
2. Petitions for Quo Warranto;
or restoration of parental authority and other cases
3. Petitions for Certiorari, prohibition, or mandamus cognizable under PD 603, EO 56series of 1996, and
against inferior courts and other bodies; and other related laws.
4. Petition for continuing mandamus.
Note: under the Family code, the family home is
deemed constituted; hence, no need for its
With the SC, CA & Sandiganbayan:
constitution.
1. Petitions for writ of amparo;
2. Petitions for writ of habeas data.
Special Provisional Remedies:
With the Insurance Commissioner:
1. In cases of violence among the family members
Single claim not exceeding P5,000,000 (RA 10607) living in the same domicile or household, the Family
Court may issue a restraining order against the
accused or defendant upon verified application by
There are RTCs designated as special courts: the complaint or the victim for relief from abuse; and
Like special commercial courts- designated as 2. The court may order the temporary custody of
special courts as special commercial courts have children in all civil actions for their custody, support
jurisdiction over cases of violation of IPL and cases pendent lite, including deduction from their salary,
enumerated in PD 902-A, intra-corporate dispute. and use of conjugal home and other properties in all
- RTC designates as family court RA 8369 civil actions for support. (RA 8369).
Karun 2 class of family courts:

1. Designated by SC –regular court designated Note: in areas where there are no Family Courts,
by SC the abovementioned cases shall be adjudicated
by the RTC.
2. Statutory family courts –designated by law
RTC has also appellate J:

FAM COURTS JURISDICTION
All cases decided by the MeTCs, MTCs and MCTCs
EXCLUSIVE ORIGINAL in their respective territorial jurisdiction except
Family courts have exclusive original jurisdiction to decisions of lower courts in the exercise of
hear and decide the following civil cases: delegated jurisdiction.
1. Petitions for guardianship, custody of children, MTC JURISDICTION:

habeas corpus involving the children; ORIGINAL EXCLUSIVE JURISDICTION (RA 11576)
2. Petitions for adoption of children and the
 Exclusive original jurisdiction over civil actions
revocation thereof;
and probate proceedings, testate and
intestate including the grant of provisional
remedies in proper cases, where the value of Ex: w aka maapil a list sa voters or naay
the personal property, estate or amount of naapil sa list na dli tga inyu
the demand does not exceed 2,000 ,000
8. Ejectment cases regardless of the AV
pesos, exclusive of interest, damages of
whatever kind, attorney’s fees, litigation If mabahaw ang ejectment? Action
expenses, and costs, the amount of which publiciano the J would depend on the AV
must be specifically alleged: Provided, that
9. Probate proceedings either testate or
interest, damages of whatever kind,
intestate wherein the GV does not exceed
attorney’s fees, litigation expenses and cost
2M
shall be included in the determination of the
filing fees: Provided, further, that where there Special Jurisdiction of MTC
are several claims or causes of actions
Petition for Habeas Corpus or application for bail in
between the same or different parties,
criminal cases in the absence of all RTC judge in the
embodied in the same complaint, the
province or city. (B.P. Blg. 129, Sec.35)
amount of the demand shall be the totality
of the claims in all the causes of action, - refers to J over HC as well as application for bail in
irrespective of whether the causes of action, the absence of RTC judge in the province or city
irrespective of whether the causes of action where MTC is located
arose out of the same or different
SHARIA COURTS:
transactions.
Classification:
 Exclusive original jurisdiction in all civil actions
which involve title to or possession of real 1. Sharia circuit courts
property or any interest therein where the
2. Sharia district courts
assessed value of the property or any interest
therein does not exceed 400, 000 pesos 3. Sharia appellate courts
exclusive of interest, damages of whatever Exclusive Original
kind, attorney’s fees, litigation expenses and
costs: Provided, that in cases of land not
declared for taxation purposes, the value of Shari’a District Courts
such property shall be determined by the
assessed value of the adjacent lots. 1. All cases involving custody, guardianship,
legitimacy, paternity, and filiation arising under the
 Exclusive original jurisdiction in admiralty and
Code of Muslim Person laws;
maritime actions where the demand or
claim does not exceed 2, 000, 000 pesos. 2. All cases involving disposition, distribution, and
settlement of estate of deceased Muslims, probate
of wills, issuance of letters of administration or
JUDGE: appointment of administrators or executors
regardless of the nature of aggregate value of the
1. Actions involving prop the value of which is property;
2M or less
2. Admiralty and maritime-the value of the
claim does not exceed 2M 3. Petitions for declaration of absence and death for
the cancellation or correction of entries in the
3. Probate proceedings where the gross value Muslim Registries.
does not exceed 2M
4. All actions arising from customary contracts in
4. Money claims 2M or less excluding DIAL Cost which the parties are Muslims, if they have not
5. Money claims rules of procedure for small specified which law shall govern their relations; and
claims cases 5. All petitions for mandamus, prohibition, injunction,
Small claims- amount does not exceed 300M certiorari, habeas corpus, and all other auxiliary writs
outside MM or 400K inside MM and processes in aid of its appellate jurisdiction.
6. Actions involving title to or P 400K or less
7. Inclusion or exclusion of voters Shari’a Circuit Courts

1. Offenses defined and punished under PD1083 Cases involving persons fam prop relations wherein
All parties are muslims
2. All civil actions and proceedings between parties
who are Muslims or have been named in Sharia district courts no J where one part is not a
accordance with PD 1083, relating to: Muslim Villa Gracia v fifth sharia district court april 23
2014
 Marriage;
 Military courts or court martial-not part of
 Divorce;
judiciary
 Betrothal or breach of contract to marry;
 NLRC- not part of judiciary
 Customary dower;
 Term judge-exclusive of judiciary
 Disposition and distribution of property upon
 Barangay courts –not part
divorce;
 Courts of tax appeals-part of judiciary
 Maintenance and support and consolatory
gifts;
 Restitution of marital rights; and
Disputes relative to communal properties. CLASSIFICATION OF ACTIONS:
Concurrent As to the Subject Matter:
Shari’a District Courts 1. Real action-affecting title to or possession of
real prop or interest therein
1. Petitions by Muslim for the constitution of a family
home, change of name and commitment of an Ex: quieting of title, recovery of ownership,
insane person to an asylum; foreclosure of Mortgage
2. All other personal and legal actions not 2. Personal action
mentioned in par.1(d) sec.143 of PD1083 (No.4 of
- all cases which does not involving title to or
above) wherein the parties involved are Muslims
P of RP
except those for forcible entry and unlawful
detainer, which shall fall under the the exclusive Ex: collection of sum of money, recession of
jurisdiction of the Municipal Circuit Court; and contract, damages
All special civil actions for interpleader or What is the importance of knowing whether a case
declaratory relief wherein the parties are Muslims or is a Real Action or Personal Action?
the property involved belongs exclusively to Muslims.
- determine venue
(PD1083, Art.143, Par.2)
Remember that a proper venue is one of the
grounds for dismissal of the case bec real action
Appellate should be filed in the place where the RP or any
portion thereof is located (rule 4 sec 1)
Shari’a District Courts
While Personal Action is to be filed in the residence
The Shari’a District Courts shall have appellate
of the plaintiff or defendant
jurisdiction over all cases tried in the Sharia’s Circuit
Courts within their territorial jurisdiction.
The Shari’s District Court shall decide every case As to the binding effect of the decision:
appealed to it on the basis of the evidence and
Knsay mapugos pg tuman sa decision sa court
records transmitted as well as such memoranda,
brief, or oral arguments as the parties may submit. 1. Action In rem
Note: the decisions of the Shari’a District Courts 2. Action in personam
whether on appeal from the Shari’a Circuit Court or
3. Action quasi-in rem
not shall be final. Nothing in PD1083 shall affect the
original and appellate jurisdiction of the SC as Lahi ang real action sa in rem
provided in the Constitution.
Lahi ang personal action sa in personam

If in rem or in personam that has something to do to The decision of the court is binding only upon the
with the binding effect of the decision whereas if RA parties
or PA has something to do with the subject matter of
Ex: against X but the purpose is to bind his prop to
the case.
dispose or put a lien to his prop
 Partition
ACTION IN REM:
 Quieting of title
 Action against the thing or prop itself
 Action for foreclosure of M
SC-action against the thing itself is a metaphor, SC it
An action to recover a parcel of land is a real action
is not a thing is not a party to the court bec only
but it is an action in personam bec it binds only a
natural or juridical can be parties to a case.
particular individual although it concerns the rights
Ex: 1. An action concerning the stat of person, pet of property usengco v busilac jan 24 2018
for adoption, correction of entries kanang mga spec
Lucas v lucas june 6 2011-distnction between in rem
pro like filiation, land registration, annulment of
and quasi in rem
marriage, declaration of nullity of marriage
SC: an action in personam-filed a person based on
Usually action in rem-publication is required to serve
personal liability
notice to the whole world.
In rem-directed against the thing itself
Action in rem the decision of the court is binding
against the whole world. Quasi in rem-names a person as defendant but the
purpose is to subject a person’s property to a lien or
Ex: file kag petition for change of name ang imong
obligation
new name pede ma use dri or bsan asa sa
kalibutang, they are bound sa decision What is the importance of knowing whether an
action is in personam, in rem or quasi in rem?
- service of summons
ACTION IN PERSONAM:
- question as to whether there is a need to acquire J
What about action in personam?
over the persons of the defendant
Judgement of the court is binding only against the
parties involve in the case.
In action in personam:
So if your are not impleaded in that case you are not
bound by the decision - J over the persons over the defendant is necessary
for the court to validly decide the case
Ex:
In action in rem or quasi in rem:
Collection of sum of money- if waka gikiha di ka
paapilon ug pay J over the person of the D is not a pre req to confer
J over the court provided the court has acquired J
Ejectment case: diba ang subject matter is real prop
over the res
but of the same time considered as action in
personam bec the decision of the court is binding How to acquire J over the res?
only to the parties
 res refers to the prop, status, thing
FRIAS vs alcayde feb 28 2018 –distinction sa in rem
 it could be by actually seizing it such as
or in personam
attachment.
Seizure of the prop under legal process whereas it is
QUASI IN REM: brought into actual custody of the court.
Combination sa in rem ug in personam  OR institution or filing a case in legal
proceeding in which the power is made
Involves property but the case is directed to the
effective
particular person
Ex: status
Seeks the sale or disposition of defendants prop or
subject the same to lien or encumbrance Whether the case is in personam, in rem or quasi in
rem-service of summons of the defendant is
necessary why? Ana di necessary sa in rem og q in What will happen if not filed in admin body?
rem?
- could be dismissed if the defendant would
 Necessary in compliance with due process raise it as an affirmative defense (rep v.
requirements Gallo, 1/17/2018)
 It is not for the purpose of acquiring J but in
compliance with DUE PROCESS
Doctrine of Primary Jurisdiction:
- the courts will not resolve or entertain a controversy
IMPORTANT DOCTRINES: involving an issue or question within the admin
tribunal especially if it requires special knowledge of
Doctrine of hierarchy of courts
admin trib.
- ng mention ta na naay courts with concurrent J.
Q: pede ba muditso ug file sa SC?
Diff sa Primary Jurisdiction vs Exhaustion of
 NO, observe doctrine of H of C Administrative Remedies?
- you have to follow the Hierarchy, file a case with EAR- if not raised as affirmative defense the same is
the lower courts waived
SC is concurrent with CA-file a case with SC PJ- failure to raise of such remedy- case could be
dismissed and considering that it involves J the same
SC, CA, RTC concurrent-file a case RTC
cannot be waived.
It means that a remedy or relief sought for can be
The doctrine of PJ-refers to a competence of the
granted by the lower court the action should be
court to take cognizance of the case at first instance
filed in the lower court.
unlike the doctrine of EAR.
SC: the invocation of the sc original jurisdiction of
Cases of equity just like in tijam v Sibonghanoy,
writs of certiorari and mandamus has been allowed
possible mu sit in ang estoppel by laches. Rep v gallo
in certain instances in special and important reasons
clearly stated in petition such as: All proceedings of the court in violation of the
doctrine of PJ and all orders rendered thereby are
- SC rapud maka determine ana
null and void province of aklan v judy que dev corp
- when dictated by public welfare nov 27 2013 / samar electric coop v seludo april 25,
2012
- when demanded by broader interest of
justice
- when challenge orders were patent nullities Doctrine of judicial stability or non-interference:
- analogous or impelling reasons that justify - means that a court of equal J cannot interfere
the direct handling of the case within the J or order or cannot nullify the decision of
other court of equal J
- SC is case of last resort. (Dy v. Palamos Sept
11, 2013) Courts of equal J cannot interfere with each other’s
order
Ex: Decision of RTC cebu city dili pede i-nuliffy sa RTC
- transcendental importance (importante
mandaue
kayo)
RTC branch 1 cannot be nullified sa branch 2 cebu
city
Doctrine of exhaustion of admin rem:

Doctrine of continuity of Jurisdiction or adherence of
- a party must first avail or exhaust admin processes Jurisdiction:
or remedies before seeking courts intervention
- Once the court acquires J of over the case J
If the remedy sought is available in admin body, the remains with that court until the termination of the
case must be filed first I that admin body before proceedings.
courts.
Ex: ng increase ta run ug J SECTION 408. Subject Matter for Amicable

RTC –over 2M what if duna nay kaso gi file sa RTC ng Settlement; Exception Thereto. – The lupon of each
presentation of evi na 1M nya ang 1M now kay MTC barangay shall have authority to bring together the
nmn na, di pede I dismiss sa RTC. parties actually residing in the same city or
municipality for amicable settlement of all disputes
RA 11576- if na file nas RTC na sa MTC unta due to except:
amendment na wala pa ma pretrial pede ma
(a) Where one party is the government, or any
remand, pasa, forward sa MTC.
subdivision or instrumentality thereof;
------B R E A K ---------------
(b) Where one party is a public officer or employee,
and the dispute relates to the performance of his
official functions;
KATARUNGANG PAMBARANGAY
Ex: teacher ikiha kay nanglunit ug dunggan sa
SECTION 399. Lupong Tagapamayapa. – (a) There is student
hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the (c) Offenses punishable by imprisonment exceeding
lupon, composed of the punong barangay, as one (1) year or a fine exceeding Five thousand
chairman and ten (10) to twenty (20) members. The pesos (P5,000.00);
lupon shall be constituted every three (3) years in the Pede crim cases muagi sa barangay-mga
manner provided herein. ginagmay na crimes
(b) Any person actually residing or working in the (d) Offenses where there is no private offended
barangay, not otherwise expressly disqualified by party;
law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and Ex: carrying deadly weapon
reputation for probity, may be appointed a member (e) Where the dispute involves real properties
of the lupon. located in different cities or municipalities unless the
(c) A notice to constitute the lupon, which shall parties thereto agree to submit their differences to
include the names of proposed members who have amicable settlement by an appropriate lupon;
expressed their willingness to serve, shall be
prepared by the punong barangay within the first
fifteen (15) days from the start of his term of office. (f) Disputes involving parties who actually reside in
Such notice shall be posted in three (3) conspicuous barangays of different cities or municipalities,
places in the barangay continuously for a period of except where such barangay units adjoin each
not less than three (3) weeks; other and the parties thereto agree to submit their
differences to amicable settlement by an
(d) The punong barangay, taking into consideration appropriate lupon;
any opposition to the proposed appointment or any
recommendations for appointment as may have Ex: if one of gthe psrties does not lvie in the same
been made within the period of posting, shall within city-KP law will not apply
ten (10) days thereafter, appoint as members those
(g) Such other classes of disputes which the
whom he determines to be suitable therefor.
President may determine in the interest of justice or
Appointments shall be in writing, signed by the
upon the recommendation of the Secretary of
punong barangay, and attested to by the
Justice.
barangay secretary.
The court in which non-criminal cases not falling
(e) The list of appointed members shall be posted in
within the authority of the lupon under this Code are
three (3) conspicuous places in the barangay for the
filed may, at any time before trial, motu proprio refer
entire duration of their term of office; and
the case to the lupon concerned for amicable
(f) In barangays where majority of the inhabitants settlement.
are members of indigenous cultural communities,
local systems of settling disputes through their
councils of datus or elders shall be recognized SECTION 412. Conciliation. –
without prejudice to the applicable provisions of this
Code.
What are cases that requires prior brgy conciliation?
(b) Where Parties May Go Directly to Court. – The 4. Any complaint by or against corporations,
parties may go directly to court in the following partnership or juridical entities, since only individuals
instances: shall be parties to Barangay conciliation
proceedings either as complainants or respondents
(1) Where the accused is under detention;
(Sec. 1, Rule VI, Katarungang Pambarangay Rules);
Ex: kaso sa sinumabagay 5. Disputes involving parties who actually reside in
(2) Where a person has otherwise been deprived of barangays of different cities or municipalities,
personal liberty calling for habeas corpus except where such barangay units adjoin each
proceedings; other and the parties thereto agree to submit their
differences to amicable settlement by an
Ex: habeas corpus appropriate Lupon;
(3) Where actions are coupled with provisional 6. Offenses for which the law prescribes a maximum
remedies such as preliminary injunction, penalty of imprisonment exceeding one (1) year or
attachment, delivery of personal property and a fine over five thousand pesos (P5,000.00);
support pendente lite; and
7. Offenses where there is no private offended party;
(4) Where the action may otherwise be barred by
the statute of limitations. 8. Disputes where urgent legal action is necessary to
prevent injustice from being committed or further
(c) Conciliation Among Members of Indigenous
continued, specifically the following:
Cultural Communities. – The customs and traditions
of indigenous cultural communities shall be applied a. Criminal cases where accused is under police
in settling disputes between members of the cultural custody or detention (see Sec. 412 (b) (1), Revised
communities. Katarungang Pambarangay Law);
CIRCULAR NO. 14-93 July 15, 1993 b. Petitions for habeas corpus by a person illegally
deprived of his rightful custody over another or a
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN person illegally deprived or on acting in his behalf;
TRIAL COURTS, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS c. Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of
SUBJECT: GUIDELINES ON THE KATARUNGANG personal property and support during the pendency
PAMBARANGAY CONCILIATION PROCEDURE TO of the action; and
PREVENT CIRCUMVENTION OF THE REVISED
KATARUNGANG PAMBARANGAY LAW (SECTIONS d. Actions which may be barred by the Statute of
399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160. Limitations.
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT 9. Any class of disputes which the President may
CODE OF 1991). determine in the interest of justice or upon the
I. All disputes are subject to Barangay conciliation recommendation of the Secretary of Justice;
pursuant to the Revised Katarungang 10. Where the dispute arises from the
Pambarangay Law (formerly P.D. 1508, repealed Comprehensive Agrarian Reform Law (CARL) (Sec.
and now replaced by Secs. 399-422, Chapter VII, 46 & 47, R.A. 6657);
Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
otherwise known as the Local Government Code of 11. Labor disputes or controversies arising from
1991), and prior recourse thereto is a pre-condition employer-employee relations (Montoya vs.
before filing a complaint in court or any government Escayo, et al., 171 SCRA 442; Art. 226, Labor Code,
offices, except in the following disputes: as amended, which grants original and exclusive
jurisdiction over conciliation and mediation of
1. Where one party is the government, or any disputes, grievances or problems to certain offices
subdivision or instrumentality thereof; of the Department of Labor and Employment);
2. Where one party is a public officer or employee, 12. Actions to annul judgment upon a compromise
and the dispute relates to the performance of his which may be filed directly in court (See Sanchez vs.
official functions; Tupaz, 158 SCRA 459).
3. Where the dispute involves real properties located
in different cities and municipalities, unless the
parties thereto agree to submit their difference to What do you mean by residence?
amicable settlement by an appropriate Lupon;
Same with ROC SC: minaldito na imoha di pede gmaiton ang

exception sa pag minaldito penedrina v panes oct
Personal actual, physical residence of the person
21 1984
not his legal residence –di ka actual ng puyo
Rakpan v baruga heigh june 6 2018 the prayer for
Ex: tga davao ka pero diri ka ng work sa cebu nya
preliminary attachment must be in good faith. if bad
once a month rka muuli. Asa ka ng residence? Cebu
faith, dismiss.
city bec it is your physical, actual residence
Once case, working in certain place but will go
home every weekend. Considered na sa maong What about if the parties is residing in diff barangay
lugar na gi workan? YES Garcis vs CA the fact that but the same city or municipality? Asa I file?
he reside in the apartment in malate manila 5 days
 Barangay where the defendant is residing
in a week proof that he is residing in that place
(sec 409B)
What if naay atty in fact unsay basihan sa venue?
What will happen if it filed directly in court?
 It should not be the actual residence of the
Case dismiss for noncompliance with KP law Ngo v authorixed person but the complainant
gabilo aug 24 2020 himself.
Court should dismiss the case if noncompliance with TN sa KP as a rule dili pede na dunay substitute.
KP if timely raised. Ma dismiss cya if timely raised kay Persona appearance jud
waivable ni. So it must be raised in the answer as an
Then what if isa sa parties naay 5 defendants pero
affirmative defense
ang isa sa lain city ng reside. Need muagi sa
Crim cases cannot be compromised but cases barangay?
governed by KP are exceptions. cases governed by
 NO. kay ang isa stranger candido v
katarungang pambrgy are exceptions. State has
macapagal apri 7 1983
sovereign right to prosecute criminal offenses and
prosec has full control in prosecution. The law itself How to file?
states prosecuting hour in light offenses and allows
Oral or in writing
to settle the difference in the greater interest of
peace and order PP v. Caruncho Jan 23 1984 Under section 410, Knsay muuna atubang ug mu
settle sa parties?
 Captain
Although mandatory but non referable a case to
brgy conciliation when so required by law – _not Mu issue cyag subpoena or summons to the
jurisdictional in nature and be deemed waived if not defendants
raised as an affirmative defense jerves v gevrola?
Supposed the complainant dili mutunga sa
july 24 2019
scheduled hearing?
Crim case: should be raised before arraignment
- case dismiss di cya aka file na sa kaso
banares v balisig march 28 2000
alinsugay v kagampang july 28 1986
referral to the barangay or to the lupon is required
What if respondent ang di mu appear?
only wherein parties are individuals. it is not required
if oen of he parties is a corporation or juridical person  Certificate to file action
such as a partnership. kana mga bangko if mokiha
na mangutang nila, no need to refer to brgy. read
circular. borromeo v pogoy  Aside from the issuance of certificate to file
action the respondent may be also punished
in indirect contempt
Coupled with prov rem:
Barangay capt has to file in court for indirect
Dihay kaso plaintiff ng minaldito ng file cyag moral contempt, dili ang capt mismo ang mu punish ug IC
damages wala nag agi ug barangay gi filean ug mu-apply cya sa court
Motion to Dismiss. Pghuman ug file ng minaldito ang
Sec 199 implementing rules of LGC
plaintiff mi file ug amended complaint with prelim
attachment.  Barred cya pg counterclaim

If naa nay decision ang court ang sunod ana is

execution
What if failure to settle ang barangay chairman?
Who will execute the settlement?
- refer to pangkat
Barangay capt will act as a sheriff
It is only when the pangkat failed to settle the parties
the certificate to file action shall be issued. Diu vs CA What if ngsabot na mupahawa cya after 1 month
dec 19 1995 / zamora v escuerdo nov 18 2004 but wa mipahawa. Pede pugson ug pagpahawa sa
captain. Provided that the period from fulfillment
Supposed the parties where able to arrive a
has not exceeded 6 months
settlement?
RULE:
Ex: ejectment
 Within 6 months- captain
Gitagaan nmo ug 1 ka bulan before papahawaon
ang nangabang kay wa kabayad sa rent nya  Over 6 Months –court
musugot ang owner.
Execution 2 ways:
 Settlement has to be in writing signed by the
1. Admin –execution by the lupon within 6
parties
months from the date of settlement or from
 It shall be in a dialect or language compliance of settlement
understood by the parties
2. By judicial- complainant has to file a case in
During the conciliation (hearing in the barangay) mu court (MTC) if already more than 6 months
appear ang atty? from the date of settlement or the
performance of obligation
- NO kuhaan ug license ang lawyer ana.
Appearance of lawyer in the barangay is Ex: ng sabot cla mupahawa ang ng rent ng
prohibited pinirmahay but wa mituman within 6 months.
Ang capt mupatuman but after 6m the
TN: personal appearance di pede naay
plaintiff has to file a CASE not a motion in
representative kay ma dismiss ang kaso
court.
Supposed the case s cognizable by the RTC, is it
What case ang I file?
necessary that it should be referred to the
barangay? - not ejectment but enforcement of
amicable settlement
Remember all cases whether or not it falls in the
jurisdiction of the RTC Ex: nangutang ug thing but wala mi pay within sa gi
agreed na date.
Ledesma v CA july 23 1992 SC dismiss the case bec
a rep has been sent Case: enforcement of amicable settlement not
collection of sum of money
a personal confrontation between parties without
intervention of counsel or rep would generate Sebastian vs Ng april 22 2015
spontaneity and favorable amicable settlement.
What if ang gi agree ga ibayad, 4M ang utang ng
One case: nagpadala ug rep. nalooy ang SC ani kasinabot clan a byran pero wa ma execute sa
velves v erola july 24 2019 captain.
SC: there was substantial compliance even if only a  File ug enforcement of amicable settlement
rep appeared. in MTC regardless of the amount
Pedal v esquita dec 10 2003 and Sebastian v NG
What is the effect of amicable settled reached by
the parties before the barangay?
If mu fall ang gi agree na amount sa small claims
- Has the effect of a decision of the court. cases:
- Has the effect of a final judgment of the Ex: 300K or less govern by procedure for small claims
court unless repudiated within 10 days but if cases
not repudiated it had the effect of a final
One case , ng agree nag parties – 4M ang utang
judgment of the court.
nihangyo ang defendant na “maam kanang 4M
niabot tungod sa interest ang ako utang kay 2M” In the case of Leonor v. Sycip, 21 the
pwde na 3.5M lang ang akong byran? Nisugot ang Supreme Court (SC) had the occasion to explain this
kihanti basta mubyad within this month. But wa provision of law. It ruled that Article 2041 does not
mibayd after 1 month. require an action for rescission, and the aggrieved
party, by the breach of compromise agreement,
Ang plaintiff imbis mu file ug enforcement of AS ni
may just consider it already rescinded, to wit:
file ug collection of sum of money na 4M
It is worthy of notice, in this connection, that,
Pede diay na?
unlike Article 2039 of the same Code, which
SC: Yes speaks of "a cause of annulment or rescission
of the compromise" and provides that "the
Plaintiff 2 options:
compromise may be annulled or
1. Mu follow sa AS rescinded" for the cause therein specified,
thus suggesting an action for annulment or
2. Dili mu follow and stick to the original action
rescission, said Article 2041 confers upon the
Miguel vs montaniez feb 25 2012 party concerned, not a "cause" for rescission,
or the right to "demand" the rescission of a
Section 417 of the Local Government Code:
compromise, but the authority, not only to
1. Such amicable settlement or arbitration "regard it as rescinded", but, also, to "insist
award may be enforced by execution by upon his original demand". The language of
the Barangay Lupon within six (6) months this Article 2041, particularly when
from the date of settlement or contrasted with that of Article 2039, denotes
that no action for rescission is required in said
2. By filing an action to enforce such settlement
Article 2041, and that the party aggrieved by
in the appropriate city or municipal court, if
the breach of a compromise agreement
beyond the six-month period.
may, if he chooses, bring the suit
It must be emphasized, however, that contemplated or involved in his original
enforcement by execution of the amicable demand, as if there had never been any
settlement, either under the first or the second compromise agreement, without bringing an
remedy, is only applicable if the contracting parties action for rescission thereof. He need not
have not repudiated such settlement within ten (10) seek a judicial declaration of rescission, for
days from the date thereof in accordance with he may "regard" the compromise
Section 416 of the Local Government Code. If the agreement already "rescinded"
amicable settlement is repudiated by one party,
either expressly or impliedly, the other party has two Unsay reckoning period sa 6 months-time bar? Petsa
sa pag make sa AS or petsa sa compliance? Asa
options, namely, to enforce the compromise in
accordance with the Local Government ana?
Code or Rules of Court as the case may be, or to - didal v escueta counted from the day of
consider it rescinded and insist upon his original settlement when the obligation of the defendant is
demand. This is in accord with Article 2041 of the Civil to be performed on the date of the settlement.
Code, which qualifies the broad application of Diha2x daun but if the obligation of the respondent
Article 2037, viz.: or defendant would become ue and demandable
after the signing then reckoned in when it will
If one of the parties fails or
become due and demandable.
refuses to abide by the
compromise, the other party may
either enforce the compromise or
regard it as rescinded and insist
upon his original demand.
||| Miguel v. Montanez, G.R. No. 191336, [January
25, 2012], 680 PHIL 356-367
There is no need to file an action for recession for he
may regard the compromise agreement already
rescinded. Automatic recession Leonor v Sycip april
29 1961

September 10, 2021 Section 3. Cases governed. - These Rules shall

Choy & Blanche govern the procedure to be observed in actions,
civil or criminal, and special proceedings.
Rules of Court (a) A civil action is one by which a party sues

another for the enforcement or protection of
TN: Remember provisions of Katarungang a right, or the prevention or redress of a
Pambarangay. Failure to comply with mandatory wrong.
referral of case to lupon may cause the dismissal of
the case. Remember that the amicable settlement A civil action may either be ordinary or
reached by the parties before the barangay has the special. Both are governed by the rules for
effect of final judgment of the court. Shortcut siya. ordinary civil actions, subject to the specific
KP applies only if parties individuals residing in same rules prescribed for a special civil action.
city/municipality not necessarily the same city.
Complaint shall be filed in the brgy, if living in (b) A criminal action is one by which the
different brgy, it shall be filed where the defendant State prosecutes a person for an act or
is residing. omission punishable by law.
(c) A special proceeding is a remedy by

which a party seek s to establish a status, a
A.M. No. 19-10-20-SC 2019 right, or a particular fact. (3)
PROPOSED AMENDMENTS TO THE 1997 RULES OF

CIVIL PROCEDURE
OA vs SCA
RULE 1
GENERAL PROVISIONS SCA – r62 to r71
Section 1. Title of the Rules. - These Rules shall be

known and cited as the Rules of Court. (1)
ordinary civil action is governed by the rules 1-45
Section 2. In what courts applicable. - These Rules while SCA are governed by rules applicable to
shall apply in all the courts, except as otherwise ordinary civil actions, they are governed by special
provided by the Supreme Court. (2) rules.
Q: In what courts do the ROC apply? difference ordinary v specpro

A: Under Sec 2, it shall apply to all courts except as
provided by the Supreme Court.
PURPOSE:
The ROC have the force and effect of a law.

Remedial Law. CIVIL
- protect or enforce a right or prevent or

In what cases? redress a wring.
- civil - right is already existing as provided by

substantive law.
- criminal
- special proceeding
SPECPRO
What cases governed?
- establish status, a right or a particular fact
- right is yet to be established.

What will happen if the supposed rep is not duly

authorized?
In what cases not applicable? Sec 4.
that is FATAL.
Section 4. In what cases not applicable. - These
Rules shall not apply to: What if plaintiff duly rep is not authorized?
 election cases, - may be dismissed.
 land registration, On what ground?
 cadastral, - failure to state a cause of action. (travewide

associated sales vs CA july 15 1991)
 naturalization and insolvency proceedings,
One case: di proper ang authorization. If di proper,
 and other cases not herein provided for, it is as if the plaintiff is not the one filing the case. So
it may be dimissed for lack of jurisdiction over the
- except by analogy or in a suppletory person of the plaintiff. Another ground for dismissing
character and whenever practicable and the case. medina v. Natividad nov 27 2008
convenient. (4)
cosco phil shipping inc v. kemper insurance corp
april 23 2012
When can you say that a civil action is instituted or SC: if a complaint is filed for on behalf of plaintiff who
commenced? is not authorized, complaint is not deemed filed. An
unauthorized complaint does not produce any legal
A: by filing of original complaint in court. effect, the court should dismiss the case on the
ground: lack of jurisdiction over the complaint and
Section 5. Commencement of action. — A civil the plaintiff.
action is commenced by the filing of the original
complaint in court. If an additional defendant is court acquires jurisdiction over the case and it is
impleaded in a later pleading, the action is deemed filed only upon the payment of the docket
commenced with regard to him on the dated of the fees regardless of actual date of filing in court. Dili
filing of such later pleading, irrespective of whether enough ang pg file sa complaint sa court.
the motion for its admission, if necessary, is denied
by the court. TN: the mere filing of the complaint in court by itself
will not confer jurisdiction on the court over the case
What do you mean by filing? itself. if mo file nya di mo pay ug docket fees, mura
rana wa ge file ang kaso.
– submission of the complaint. a complaint is
submitted to the court thru the clerk of court. it can The case is deemed filed upon the filing of the
be filed or submitted, or filing is usually done by complaint AND payment of docket. Manchester
plaintiff personally or thru a authorized Development Corp v. CA May 7 1987
representative.
in this case of Manchester, the plaintiff alleged in the
a complaint may also be filed by registered mail and body of the complaint that it suffered amount of
the plaintiff should see it that docket fees are paid. damages of 78 million 750 thousand pesos. The
amount damages was purposely not mentioned in
if the plaintiff is not personally filing the case, nanugo prayer in order to evade the correct payment of
ra. example tua sha abroad. Imong igsoon toa sa docket fees. Ang bayad kay mag depende sa
abroad nanugo nmo pg file sa kaso. In order for filing amount of damages na gi ask. requirement jod sa
of the complaint to be valid, the representative must Rule 141 nga kailangan na ang amount of
be duly authorized damages e allege body of the complaint as well as
in the prayer.
What do you mean by duly authorized?
ge allege sa body pero wla sa prayer. so wa kay ge
(there must be an SPA specifically authorizing the allege, ang damages wa man so gamay ra
rep to file the case in the name or on behalf of the nabayran, unsa nahitabo? isipon ang wan a file ang
plaintiff)
kaso. court did not acquire jurisdiction over the case What is the remedy of defendant supposed the
itself (meaning it is as if case was not filed). plaintiff did not pay correct amount of docket fees?
in the later case, 2 years after, the SC rendered A: the payment of docket fees would vest
another decision pertaining to payment of docket jurisdiction upon the court over the case itself
fees. (Sun Insurance Office v. Asuncion feb 13, 1989) together with filing of the complaint. if the correct
amount of DF has not been paid, the court may not
mao nani prevailing jurisprudence ang Sun have acquire jurisdiction over the case. it could be
Insurance jurisprudence. naa gamay kausaban. ground for a motion to dismiss on the part of
defendant.
SC: when filing of initiatory pleading is not
accompanied by payment of docket fees, court suppose the defendant did not file Motion to Dismiss,
may allow payment within a reasonable period. This the doctrine estoppel by laches might set in. he
rule shall apply to permissive counterclaims, 3rd party might not be allowed to question jurisdiction over
complaint and other several claims. where the court the court if he fails to do so sooner.
claim is not identified in the complaint or specified
but left determination to the court, additional filing One case: defendant fails to qs the issue on DF on
fee shall constitute lien on judgment. Sun Insurance the ground of lack of jurisdiction for non payment of
case DF
if di ma bayran correct docket fees, ang court pwde SC said that the defendant is estopped from
mo allow within a reasonable period of time. pwede questioning the jurisdiction of the court. He only filed
di iditso ug dismiss. Tagaan ug period to pay the MTD 5 yrs after the case was filed court. 5 yrs natog.
docket fees.
Pananglitan ang plaintiff way ika bayad, unsa
Lately, Ramones v. Gimok aug 13 2018, prevailing solution?
rule now is that nonpayment of prescribed filing fees
at time of the filing of complaint or other IP fails to Situation: Atty mukiha ko ug support sa akong bana
vest jurisdiction over the case of the trial court. yet pero wa koy ikabayad atty.
where plaintiff has paid the filing fees assessed by
A: file a complaint and motion to litigate as an
clerk of court and the amount turned out that the
indigent. (sec 21, Rule 3) in relation to sec rule 141
amount to be deficient, the trial court still acquires
sec 18
jurisdiction over the case subject to the payment of
the deficient fees. The reason is that, to penalize the
RULE 3 Section 21. Indigent party. - A party may be
party for the omission the clerk is not fair if the party
authorized to litigate his action, claim or defense as
acted in good faith.
an indigent if the court, upon an ex
so, if gakuwang ang bayad. pwede ra di e dismiss parte application and hearing, is satisfied that the
but court may require to pay the deficiency. party is one who has no money or property sufficient
(Ramones v. Gimok). ang clerk nasayop pag and available for food, shelter and basic necessities
kwenta so ngano silotan ang plaintiff? if nahitabo na for himself and his family.
kulang, pwede ra nga pabayran.
Such authority shall include an exemption from
rule: all complaints, petitions, answers and other payment of dock et and other lawful fees, and of
similar pleadings must specify amount of damages transcripts of stenographic notes which the court
in the body of the pleading and in the prayer said may order to be furnished him. The amount of the
damages must be considered as filing fees. Any dock et and other lawful fees which the indigent
pleading that failed to comply with the was exempted from paying shall be a lien on any
requirements shall not be accepted, admitted or judgment rendered in the case favorable to the
expunged from the record. (Manchester) indigent, unless the court otherwise provides.
while payment of prescribed docket fees is Any adverse party may contest the grant of such
jurisdictional requirement even at the time of filing authority at any time before judgment is rendered
does not automatically dismissed the case as long by the trial court. If the court should determine after
as it is paid within prescriptive period or hearing that the party declared as an indigent is in
reglementary period. Go vs Tong 416 scra 557 fact a person with sufficient income or property, the
proper dock et and other lawful fees shall be
assessed and collected by the clerk of court. If
payment is not made within the time fixed by the - Affidavit: he and his fam do not earn a gross
court, execution shall issue or the payment thereof, income above-mentioned.
without prejudice to such other sanctions as the
court may impose. - do not own RP over 300K.
RULE 141 Section 18. Indigent-litigants exempts from - another affidavit of a disinterested person
payment of legal fees. — Indigent litigants (a) whose supporting his claim
gross income and that of their immediate family do
not exceed four thousand (P4,000.00) pesos a
month if residing in Metro Manila, and three 2 affidavits:
thousand (P3,000.00) pesos a month if residing
outside Metro Manila, and (b) who do not own real 1. Affidavit of plaintiff
property with an assessed value of more than fifty
thousand (P50,000.00) pesos shall be exempt from 2. Affidavit of disinterested person
the payment of legal fees.
The legal fees shall be a lien on any judgment

rendered in the case favorably to the indigent and current tax dec if naa sha yuta should be
litigant, unless the court otherwise provides. attached to the affidavit.
To be entitled to the exemption herein provided, the

litigant shall execute an affidavit that he and his
tinuod nga wa igo na income, pwede sha pa certify
immediate family do not earn a gross income
sa DSWD nga member sha sa 4Ps.
abovementioned, nor they own any real property
with the assessed value aforementioned, supported
by an affidavit of a disinterested person attesting to
the truth of the litigant's affidavit. Clients of PAO are also exempt payment of docket
fees. Automatic exemption. if makapasar reqt sa
Any falsity in the affidavit of a litigant or disinterested PAO, e exempt sa docket fees. no need for clients
person shall be sufficient cause to strike out the to comply with requirements Rule 19 and rule 141.
pleading of that party, without prejudice to Pangkatan v. Manghuyop nov 16 2016/ OCA No.
whatever criminal liability may have been incurred. 121-2007
(16a)
Requisites: Rule 141, Sec 18.

filing of the complaint enables the court to acquire
jurisdiction over person of the complaint even if he is
not a resident of the PH. it also interrupts the running
Indigent litigants is one whose gross income and that of prescriptive period. Nig file sa complaint,
immediate fam do not exceed the double monthly taktakan sa petsa and oras bec the filing of the
wage of minimum wage of EE. Pla mana? 400 plus complaint stops the running of the prescriptive
Multiply it by 30 then times 2. and he must not own period AND the payment of DF, the court acquires
any real property FMV over 300,000. jurisdiction over the case itself as well as over the
person of the plaintiff.
pwede naa RP basta di mo labaw 300,000.
Pwede naay kita/income but need di mulabaw sa Section 6. Construction. — These Rules shall be
mmore than double the monthly minimum wage of liberally construed in order to promote their
an employee. objective of securing a just, speedy and inexpensive
disposition of every action and proceeding.
unsa buhaton if pasar 2 ka requirements?

How should the ROC be interpreted?
- litigant must execute an affidavit. arun if
mamakak, mapriso.

- liberally construed in order to promote their RULE 2

objective securing just, speedy, and CAUSE OF ACTION
inexpensive disposition in every case.
Section 1. Ordinary civil actions, basis of - Every
- case shall be determined on the merits ordinary civil action must be based on a cause of
rather than on mere technicality or some action. (1)
procedural imperfection.
- on the merits? meaning ipaagi jod sa

decision thru evidence. di lang sa There are 3 elements of cause of action: (ROA)
technicalities. GR na ha. pero remember
nga di pud pasabot nga di imo rapud e 1. Legal right of the plaintiff (substantive law-civil
disregard ang rules. code, RPC, Fam Code)
- what should guide judicial action is the 2. Correlative obligation of the defendant to respect
principle that a party litigant is to be given that right
fullest opportunity to establish merits on
3. Act or omission that defendant in violation of said
complaint or defense rather than for him to
right Misina vs Fian april 8 2013
lose liberty,life,property,honor on mere
technicalities Cortal vs Larrazabal aug 30 TN: REMEMBER CAUSE OF ACTION REQUISITES!!!! if
2017 wa, di pwede mo file, way cause of action.
Example:
- di pud pwede e ignore. need sd e follow sa fam code, inyo na remember. nga ang parents
have the obligation to support their children. the
- Compliance with the rules is the general rule.
children have the right to be supported. fam code
Exception ra na e suspend or di e comply.
ni na right. if ang papa or mama di mosupport bsag
- Procedural rules are tools designed to naa capability, there is now an omission which
facilitate the adjudication of cases so that violated right of plaintiff. ang bata pinaagi sa iya
courts and litigants alike are does enjoined mama or guardian pwede mo file ug kaso ug
to abide strictly by the rules, they provide a SUPPORT. dapat present ang 3 elements. case may
system for forestalling arbitrariness, caprise, be dismissed if wan a.
despotism, whimsicality a dispute settlement
Plaintiff’s cause of action, it is not enough that
are not to be ignored to suit the interest of
the party. Their disregard cannot be justified plaintiff has cause of action. it should be a stated in
the complaint. so need e allege sa complaint. if naa
by a sweeping reliance on a policy of liberal
ka cause of action nya wa ma sulti sa tanan
construction. Still every litigant must be
elements sa complaint, complaint will be dismissed.
afforded full opportunity to properly
ground: failure to state a cause of action.
ventilate or argue his case free from
constraint of technicalities. Plaintiff should not merely be stated, statement must
be sufficient. elementary test to MTD or an
affirmative defense of failure to state of cause of
IN SHORT: compliance is still the rule action, w/n the complaint alleges facts which if true
would justify the relief demanded.
Santos vs gran oct 8 2014

EXCEPTION: suspending the ROC
It is not enough that the plaintiff has a cause of
The phrase in the interest of justice is not like a magic action, his cause of action must be stated or alleged
wand that once it is invoke it is automatically in the complaint and after it is alleged in the
suspended. Land Bank of the PH vs CA july 11 2016 complaint, it must be proved during the trial.
suspending the rules is done only in most
exceptional circumstance.
it must be proved during the trial ang cause of
action. kung ang complaint ga allege sa cause of
action so di ma dismiss pero if human hearing or trial has to examine 4 corners of the complaint and
wa ka ka hatag ug lig on na evidence pgpamatood determine whether allegations really fail to state
sa imong gipangsulti sa complaint, ma dismiss cause of action.
ghapon na. so arun maka daug sa kaso, cause of
action must be alleged in the complaint and proved To determine whether the complaint has a cause of
during the trial. action, only the allegations in the complaint must be
considered, it is error of the court to take cognizance
Suppose the complaint failed to state cause of of other facts or hold preliminary hearing to
action, can court motu prorpio dismiss the case? determine its existence. If the allegations in a
complaint, for which it is sufficient that the complaint
NO. although failure to state a casue of action is a may be maintained, the same should not be dismiss
geound for dismissal, the court cannot motu proprio regardless of the defenses that may be raised by the
dismiss the case, such geound must be raised by the defendant. Aquino vs Quason march 11 2015
defendant in his answer as an affirmative defense.
Ginadili na ang MD sa new rules. Test of sufficiency of facts alleged in the complaint
to determine cause of action, the court could
TN: ground for dismissal if the facts are not alleged in render valid verdict in accordance with the prayer
the complaint. of said complaint. Juana Complex 1 v. Phil State
Land Inc. march 5 2012
FAILURE TO STATE A CAUSE OF ACTION
FSCA and LCA are different grounds to dismiss the
so na allege na tanan elements sa complaint so
case. Dismissal for failure to state a cause of action
mag trial na, daog na plaintiff? di pa. 1 st base
may be raised at the earliest stages of the
palang. patubagon ang defendant. paghoman
proceedings by raising it as an affirmative defense
hearing pr trial gehusay, during trial, need mo
in the answer while dismissal based lack of cause of
present evidence ang complainant or plaintiff. if
action may be raised only after the plaintiff has
ever the plaintiff di maka hatag of igong evidence
terminated the presentation of his evidence santos
to establish his claim
vs gran oct 8 2014
ex: ang bata nga nangayo support sa iya papa, wa
Pede mu file ug demure to evidence and
naka pamatuod nga illegitimate child cya sa
defendant on the ground of lack of cause of action.
defendant. di ka prove na anak jod sya sa
Domondon vs lopez 383 scra 386
defendant. waka present lig-on evidence. mo daog
siya? NO. ma dismiss ang kaso. What if ang plaintiff wa sha cause of action at the
time of the filing of the complaint. naa nanghuwam
niya nya file sha kaso kay wa pa daw kabayad. pero
What is the Ground? ang utang wa paman mo due. December pa unta
bayran. so gaaway man. so sayo ge paningil. wa
- Insufficiency of evidence. Complaint will be man mobayad.
dismissed due to insufficiency or lack of
cause of action. (balikon ni sa bar permi) Do you have a cause of action?
if e ask ka didtos bar, distinguish failure to state Wa kay cause of action kay premature. Case would
cause of action from lack of cause of action. be dismissed even if later on mo mature or accrue
and cause of action because the reckoning point is
Distinguish: FSCA vs LCA at the time when case is filed in court. Swagman
hotels vs travels corp. april 8 2005
failure to state cause of action refers to insufficiency
of allegations in the complaint whereas lack of Unless plaintiff has valid cause of action at the time
cause of action presupposes or refers to insufficiency his action commence, the defect cannot be cured
of evidence presented during the trial. by the action or accrual of 1 while the action is
pending, a supplemental complaint or amendment
If the defendant raises an affirmative defense in his would not cure the defect. (Swagman)
answer that complaint fails to state cause of action,
ang buhaton sa court basahaon rajod tung
allegations sa complaint. To determine whether the
complaint really states a cause of action, the court

Section 2. Cause of action, defined. - A cause of Section 3. One suit for a single cause of action. - A
action is the act or omission by which a party party may not institute more than one suit for a single
violates a right of another. (2) cause of action.
What are the elements of a cause of action? 1 cause of action, 1 complaint. if 1 complaint way
cause of action, dismiss.
1. Right in favor of the plaintiff
2. Obligation of the defendant to respect that

right If there is a cause of action, how many cases could
be filed over a single cause of action?
3. Act or omission on the part of the defendant
which violated the plaintiff’s right. Ex: if naa ni abang sa inyo balay. nya wa mo
abang. pila ka kaso imo e file? kay wa kakuha sa
abang kay wa ni abang. loss income. gawas pajod
ana, nahasol ka. or if pananglitan naa nanghuwam
kwarta, nya 1M. wa mo bayad nya naguol ka kay
Civil procedure mura ra ug criminal procedure. imoha tung separation pay. pila ka kaso imo e file?
There must be an act or omission for example:
- pwede ba ka mofile ug collection of sum of
nangagaw ka yuta. nakaviolate ba ka right? kato
money? For the amount of 1M
imo ge bawian. pwede mofile ug ejectment.
- nya sabot man naa interest na 2% kada
ug nangangkon ikaw tag-iya, pwede ka mo file ug
buwan, pwede pud lain kaso interest?
recovery of ownership.
- nahasol man ka. Wa ka katog. pwede ba
Ex: kana di kamobayad ug utang, wa kay ge buhat.
lain kaso nga moral damages?
Moo nay omission pero naay gisugo ang law or
contract na ipabuhat pero wa nmo buhata. Gisugo
ka nga byran nimo ana pitsaha pero wa nimo
gibyran. A: pila ka act or omission ang nabuhat sa
defendant. usa ra. wa nibayad utang. pila ma file?
What do you mean by damnum absque injuria? usa ra ka kaso.
- damage without injury 1 wrongful act/omission = 1 case
- meaning that refers to legitimate or valid 1 cause of action-1 case
exercise of person’s right which caused
damage to another person. the same does Purpose: avoid multiplicity of suits.
not result in a so called in actionable injury.
Amonoy vs Gutierrez feb 15 2001 A cause of action is understood to be the delict or a
wrongful act or omission committed by the
defendant in violation of the rights of the plaintiff.
Example: w aka bayad2 sa veco. ge putlan ka suga. It is true that a single act or omission can violate
naa ka damage? kadako sa damage. wa kay suga various rights at the same time as when the acts
nya ngit2. or wa kabayad2 sa MCWD. ge putlan ka constitute judicially in violation of a several or
ug tubig. nay damage? yes. dako damage. wa kay separate and distinct obligations however
kaligo. pwede nimo ikiha and MCWD? a valid according to the Supreme Court, the delict or wrong
exercise of a right that does not or which cause there is a single cause of action regardless of the no.
damage to another but cannot give rise to a cause of rights that may be violated belonging to the same
of action. person. Chua vs Metropolitan Bank and Trust Co.
August 19, 2009
- Diaz v. Davao Light Power Company April 3,
2007 , geputlan suga kay wa mo bayad.
The rule which determines a party has only a single

or entire cause of action that is due him and which
must be sued in 1 action or has a several demand
for which he may maintain separate actions is installment. pwede file-an kaso as with regards 1st
whether the entire amount arises from 1 and the installment. nya ni due napud 2nd installment, file 2nd
same contract or several parts arise from distinct or case. ni due napud 3rd installment, wa japon mo pay
different acts or contracts. where they are entirely file nsd ug another case. pananglitan, ni due ang 4
distinct contracts, they give rise to separate causes ka installments wa ghapon file-e kaso. Pag ika 5 th
of action may be filed in a court. Marilag vs Martinez installment, niingon ang creditor di nani maayo. file-
July 22 2015. an ko ni kaso. Pila ka kaso I file? Dili pod 5 na
if mg talk tg kontrata, 1 conrtract 1 case. 2 ka If wa file-e when the 1st installment became due, if
contract 2 ka kaso. mao nay rule. mo due na 2nd installment, usa ra ka kaso iya ma file
(1st case joint na sa 2nd installment). if 4 installments
One contract would give rise to one cause of action ni due nya wa ni file bsag usa ka kaso pero diri na sa
even if it contains several stipulations Qugi v. Bautista ika 5th. can only file one case for the 5 installments.
feb 28 ____
if iya ge file-an ug kaso gi tinagsa niya ug file, the
A contract could only be violated once. other cases would be dismissed on the ground of litis
pendentia. BPI Family Savings Bank v. Croscrowela
Ex: D borrowed 500K from P with 2% interest payable
June 27, 2006
in 1 year. Later D borrowed additional amount of
600K with P with 2% interest. When both loans As an exception to the rule, when a contract
became due, D failed to pay despite demands, provides several obligations to be performed at
pwede mo file 2 ka cases si P against D? different time such as loan payable by installments,
each installment not paid would give rise to a
A: yes. Pede mu file ug 2 case kay 2 man ka
distinct cause of action. Thus, when the 1 st
contract. 500K and 600K.
installment would become due and obligor failed to
Under sec. 5, rule 2, pwede kani 2 ka kaso iyaha ra pay or comply despite demands, the creditor may
usahon. Ang di pwede 1 ka cause of action nya 2 file a complaint based on said omission of first
ka kaso. pero ang pwede kay 2 cause of action 1 obligation. later on when 2nd installment will become
case. due and obligor failed, plaintiff may file another
action base thereon and so on but when no action
A party may not file 2 or more cases over a single is brought until all are due, all that are due would
case of action but a party may file only 1 case for 2 constitute 1 cause of action and must be included
or more causes of action. unsa may katarungan na in 1 action otherwise those which are not included
di man pwede na di pede file-an ug 2 or 3 ang would be barred. Need I apil ang tanan kay if di
defendant cases over same cause of action? Avoid nimo e apil ang tanan, the rest will be barred. BPI
multiplicity of suits. case
Di pede na 1 ka loan file an nmog kaso 1 sa principal Another exception:

1 pod sa interest lain pa sa moral damages lain pa
sa atty’s fees. Where there is a total breach of the contract, there
can only be one action or case. plaintiff must
If imo nang buhaton, this cases may be dismiss on recover all his damages and unqualified and
the ground of litis pendentia or res judicata (if case positive refusal to perform a contract even if the
has already been terminated), or forum shopping. performance thereof is not yet due may if the
renunciation goes to the whole contract be treated
Exceptions: as complete breach which will entitle the injured
party to bring his action all at once. Blossom
pwede nga 1 contract but more than 1 case ang e Company v. Manila Gas and corp nov 8 1930
file if the contract provides for several obligations to
be performed at different times. Contract with acceleration clause – 10 installments.
naa sabot nga di makabayad 2 installments,
Example: demandable na ang entire contract. If di ka
katuman sa 2 isipon di naka mu pay sa entire
loan. payable by installments. pwede ig ka failure to
obligation.
pay a single installment, pwede ma file-an kaso.
if wan a ang acceleration clause pero ikaw mismo
10M imo ge borrow. Possibly di bayran dayon so
defendant niingun na na di ka mo bayad, so if you
installment. 1M per month, wa kabayad sa 1 st
are not capable to pay all installments, the entire judgment upon the merits in anyone is available as
contract considered violated and th plaintiff can a ground for the dismissal of the others.
now file a case based on single cause of action.
What do you mean splitting cause of action? (above
One Case: when makadetermine if usa ra imo definition)
cause of action? na ma file?
- the act of filing 2 or more case based on 1 cause
Plaintiff nisakay ug truck de karga. nya gepabayad of action
siya plete. na disgrasya kay nabanggaan ug lain
sakyanan. Iya gebuhat, ge file-an kaso ang kato de Ex: creditor would file a complaint against the
karga nga iya ge sakyan although di sya passenger debtor for the principal amount, another fro interest,
nga vehicle pero iya gefile-an damages based on another for atty’s fees or for damages.
breach of contract. Gi filean ang driver and
operator. nya iya ge apil sa kaso ang kato Ex: Forcible Entry action: plaintiff files a case for
nakabangga sa de karga nga iya ge sakyan. So 3 recovery of personal prop, another for damages, it
ka defendants: and driver sa dekarga, ang tg iya sa is not allowed so he should only file a case for
de karga ug ang driver san aka bangga. forcible entry with prayer for damages.
Unsa man iya ge basis sa pag file sa kaso sa driver Remedy?

and owner? breach of contract of carriage. ni
- MTD on the ground of litis pendentia or res
assume sya as passenger sa public utility ang truck
judicata, or forum shopping
de karga. ngano nangobra ug plete.
- Bec there is forum shopping when there is litis
Basis for driver sa nakabangga? di man sya sakay
pendentia or res judicata.
ato. TORTS.
- Related nang 3 LP, RJ, FS
Ang pasahero nga nikiha nakig arreglo sa
nakabangga. Iya ge exclude sa kaso kato driver This rule also applies to counterclaims. Marcical vs
nga nakabangga. The driver of the cargo truck as CA 311 scra 51
well as owner filed a MTD on the ground that the
compromise agreement between plaintiff and the Example: (1:34:29)
defendant driver of the vehicle that bumped the
cargo truck benefited nga naka affect sa liability F obtained a loan from C in the amount of 1M
nawala napod kuno ilang liability kay nabayran secured by real estate mortgage payable in 1 year.
nmn ang plaintiff. sakto ba? Despite demands, F failed to pay. C filed a judicial
foreclosure in court over the property mortgage.
Plaintiff ana sha nga 2 kabuok man ako kaso giusa Later, rendered decision in favor of C. before F was
lng nko. 1 is breach of contract nya 1 based on torts. able to receive copy of decision, his son (S) ge
ana SC nga the singleness of cause of action lies on sayangan sa yuta, approached C and agreed to
the singleness of delict/wrong violating the rights of pay his father’s obligation. S paid 600K and
one person.If only one injury resulted from several executed a promissory note for the balance. (naa
wrongful acts, then only 1 cause of action arises. nay decision ni ha before mihangyo) When failed to
ana SC bale 1 rato ka kaso kay good for 1 case nya pay the remaining balance, S raised affirmative
iya ge pa dismiss tung isa (compromise agreement). defense of res judicata. is the defense of S
so, the entire kaso isipon nga ma dismissed pud. meritorious?
Joseph v. Bautista feb 23 1989
A: YES. kung mo file gani or avail sa judicial
Filing of complaint over one cause of action will foreclosure ang creditor, di na siya makafile ug
cause dismissal of case. collection suit against the plaintiff. usa ra sa
remedies dapat e avail.
pananglitan, daghanon ang kaso?
Remedy:
- it would cause of dismissal of the other cases.
1. Collection suit
Section 4. Splitting a single cause of action; effect
of - If two or more suits are instituted on the basis of 2. Foreclosure suit
the same cause of action, the filing of one or a

If mu file kas usa di naka ka file sa usa. Dapat isa ra several causes of action against the defendant.
ang I avail. pwede tagsa tagsaon kiha. pwede rapud usahon.
In contracts secured by mortgage, the creditor Example:

mortgagee has a single cause of action against the
debtor mortgagee. D nangutang ni P. sunod buwan, ni balik nasad si D.
pun-an ako utang so 2 na. gepahuwam nasad
Ex: recover the debt, filing of foreclosure of another 600K. wa makabayad si D. pila ka kaso e
mortgage or collection suit; the two remedies are file?
alternative, not cumulative. If creditor choose to
foreclose real estate mortgage, he cannot anymore A:
file a collection suit for unpaid loan. Marilag vs
- pwede duha. Why? Bec there are 2
Martinez July 22 2015
contracts.
What if ni foreclose cya but human baliya, wa
- pwede pud usahon ra ka kaso but 1
maigo sa utang, pwede mo file deficiency of
complaint i-allege 2 contracts. Tawag ana
judgment. pugson bayad sa kulang if pananglitan
joinder causes of action.
kulang nag proceeds sa foreclosure sa amount sa
debt. - allowed ni? YES because what is prohibited
is ang reverse. kato splitting ang prohibited.
What if ni file ug collection suit, unya wa jud ka pay
Joining causes of action is allowed bc that
sa debt. Di nman ka foreclose so unsa remedy?
would avoid multiplicity of suits.
- pwede mo file writ of execution. nya iya e
Kani joinder of causes of action, 2 ka kinds:
auction sale kato yuta.
- joinder of causes of action without joinder of
- Execution nya if wa jud mibayad pamirahon
parties
ang real properties mooy i-auction.
- joinder of causes of action with joinder of
Section 5. Joinder of causes of action. - A party may
parties
in one pleading assert, in the alternative or
otherwise, as many causes of action as he may joinder of causes of action is either:
have against an opposing party, subject to the
following conditions: - without joinder of parties
(a) The party joining the causes of action - with joinder of parties
shall comply with the rules on joinder of
under sec. 5, Rule 2. e connect nato sa Sec. 6, Rule
parties;
3.
(b) The joinder shall not include special civil
JOINDER OF CAUSES OF ACTION without JOINDER OF
actions or actions governed by special rules;
PARTIES
(c) Where the causes of action are between
- D borrow ni P ug 500K. nya later nanghuwam
the same parties but pertain to different
ug 600K. 1 contract 1 cause of action.
venues or jurisdictions, the joinder may be
payable both loans in 1 year. wa man jod
allowed in the Regional Trial Court provided
sha kabayad despite demands. pila ka kaso
one of the causes of action falls within the
iya ma file? pwede duha. rules give him
jurisdiction of said court and the venue lies
option to file just 1 complaint with 2 causes
therein; and
of action.
(d) Where the claims in all the causes of
- legal basis: sec 5. Permissive lang ni.
action are principally for recovery of money,
the aggregate amount claimed shall be the - pananglitan si D gawas wa kabayad utang,
test of jurisdiction. wa pud kabayad abang. So ni file ug
ejectment. if mabahaw, accion publiciana.
splitting cause of action – not allowed. One cause
pwede ba niya nga nilapas na 1 yr
of action 1 complaint. Suppose, the plaintiff has
ejectment e file, so di na ka file ejectment.

so accion publican na. pwede ba niya na recovery of money, the aggregate amount
ang accion publican e apil sa case sa claimed is the test of jurisdiction. TOTALITY
collection sum of money? 2 causes of action RULE.
plus accion publiciana. Pede usahon ang 3
ka cause of action? - Atong examples involves 1 plaintiff, 1
defendant. There is joinder of causes of
- YES. pwede e join. sec 5. action but w/o joinder of parties.
Ex: pananglitan, iyaha e file na kaso di accion

publiciana. ejectment ra iya e file. pwede ma join?
NO. Ejectment is a special civil action. Moo na ang RULE 3 Section 6. Permissive joinder of parties. - All
condition “An action governed by special rules persons in whom or against whom any right to relief
cannot be joined”. He has to file separate case for in respect to or arising out of the same transaction or
ejectment. series of transactions is alleged to exist, whether
jointly, severally, or in the alternative, may, except as
- What if, niingon nga accion publiciana. asa otherwise provided in these Rules, join as plaintiffs or
e file? be joined as defendants in one complaint, where
any question of law or fact common to all such
Ex: Ang utang kay 1M. MTC ang jurisdiction pero ang plaintiffs or to all such defendants may arise in the
accion publiciana, value sa yuta 500,000 assessed action; but the court may make such orders as may
value so RTC ang jurisdiction. Ang collection of sum be just to prevent any plaintiff or defendant from
of money is with the MTC, ang accion publiciana is being embarrassed or put to expense in connection
with RTC. ge join man siya. asa e file? sa higher with any proceedings in which he may have no
jurisdiction. e file sha sa RTC where jurisdiction and interest.
venue over one of the causes of action belongs.
WITH JOINDER OF PARTIES
Dunay 5 ka casues of action iya I join, naay MTC
naay RTC so adto cya I file sa RTC in which 1 case - 2 or more plaintiffs/defendants
the RTC has jurisdiction or venue over the case.
Ex: si D, nangutang ni P ug 500K. on the same
Ex: yuta diri sa Cebu City, 500K assessed value. nya occasion, ang igsuon ni D nga si B. niduol pud ni P.
ang jurisdiction kay RTC. Venue kay Cebu City. So hulam sd siya ug 600K. nisugot si P. later on, both D
pede RTC Cebu City. and B failed to pay. pwede ba ni P e join in 1
complaint his causes of action against the 2
- Ejectment/partition cannot be joined
brothers?
because it is a SCA.
- NO. under sec. 6, rule 3. When joinder of
- Rescission of donation and partition cannot
causes of action involve joinder of parties,
be joined in 1 complaint bec partition is a
complaint must comply with the rule on
special civil action governed by special
joinder of parties. The causes of action will be
rules. ADA vs ____ aug 13 2012
joined if arise same transaction, contract or
Ex: pananglitan causes of action ni P kay puro sum incident or series of transaction common qs
of money. in law and facts involved.
- si D nangutang 500K (MTC) , 1M (MTC) , 1M Lets go back to sec. 5 rule 2, joinder of causes of
(MTC). = 2.5M. RTC na. if usahon kaso, e join action should comply with requirement of parties
tanan asa I file? RTC. where it involves joinder of parties.
That is what we called Totality rule. asa man rule on joinder of parties?
- applicable sa tanan causes of action na - sec 6, rule 3 if arises same contract or

puro money claims. transaction or arises in the series of
transaction and there is common qs of law
- Jurisdiction over court is determined by total and facts involved.
amount of demand – TOTALITY RULE.
- 1 contract or 1 mahitabo.
- unsa ge sulti sa rules? sec 5 where the claim
in all causes of action are principally for
Ex: nanghuwam si D nanghuwam iya igsuon pod but - NO since it is a different incidents. if there is
di pwede e join kay 1ra ka contract ang pede. joinder of causes with joinder of parties, kato
tanan requirements e suwat tu kato sa sec 5
D and B obtained a loan solidarily. Di mosugot if way rule 2 (MEMORIZE). favorite sa examiner.
co-maker. Example ni sa either solidary or joint
obligation.
Ex: si A nangutang ni P, di mosugot si P na wa co-

maker. ang nature sa obligation sa co-maker kay
solidary. di kabayad ang kato imo kauban, ikaw mo Section 6. Misjoinder of causes of action. - Misjoinder
bayad sa entire obligation with P as co-maker. of causes of action is not a ground for dismissal of an
Nature of obligation is solidary. Naa sa contract. wa action. A misjoined cause of action may, on motion
kabayad si A. pwede ba e apil? Si A ra nigamit sa of a party or on the initiative of the court, be severed
kwarta nya si B ni sign as co-maker. Unya ni saad, si and proceeded with separately.
B wa jod nadawat. moingon nga kabuang na i apil
siya nga wa mn cya kadawat sa money. If a cause of action is misjoined, is it a ground for
dismissal?
Now, pwede ba nga di kabayad si A, apilon ni P ug
kiha si B? Yes. that is joinder of parties bec there is - NO. it cannot be a ground for dismissal, it
only 1 contract. and there is only 1 question of law can only be separated.
or evidence to be presented. evidence para ni A
mao rapud ni B moo nay common questions facts
and law. (same transaction or series of transaction) supposed a party is misjoined, kung dunay nasayop
ug join, can it be ground for dismissal? NO. not a
Another ex:
ground.
What if bus. daghan pasahero nadisgrasya. ang
tanan 40 ka passengers puro samaran. pwede ba GR:
usa ra ka kaso? Misjoinder of parties or misjoinder of causes of action
is not a ground for dismissal. Ada v. Baylon aug 13
- A: Yes. That is Joinder of causes of action with
2012
joinder of parties because there is only 1
incident.
pwede ba magbuwag sila ug kaso? EXC:

- pwede sd. joinder of causes of action is merely si A nangutang ug 1.5M. si B nangutang pud ug 1M
permissive. Same with joinder of parties, ni P. magsuon si A ug B. atty ni P wa naminaw sa
permissive pud. joinder of causes of action with joinder of parties na
discussion. ge join niya ang duha. there is misjoinder
central bank of liquidator v. bangko Filipino and
mortgage bank feb 21 2017 of causes of action. Kay need bya na if dunay
joinder of parties 1 contract ra. Ang nahitabo kay ge
ana SC nga before causes of action and join man, misjoinder. iya na e file sa RTC kay 2.5M
multiple parties can be joined, the ff requisites be namn ang total. nagtuo nga proper according to
present: totality rule. nya sayop diay.
o right to relief arise out of the same Unsay mahitabo?

transaction or series of transaction
- ma dismiss na. kay unta ang buhaton if naay
o a question of fact or law common to misjoinder I separate ra but if I separate wala
all parties nay jurisdiction ang RTC.
what if lain2x ug incident? What is the cause of dismissal?
if A nisakay sa lain bus nabangga. nya si B - lack of cause of action and not misjoinder
nabangga pud.
Way problem if puro MTC or RTC ang case
Pede joinder?
Ex: 500K kang A. kang B 500K. ge join. MTC rana. pwede makiha as corp pero di
bsag pa e misjoin, di ma dismiss. kay MTC raman ang makakiha. Association of flood
both either I separate or i- total. di affected. victims vs comelec aug 5, 2014
RULE 3 o dead person, what if dunay ikiha ng

PARTIES TO CIVIL ACTIONS too ang plaintiff na buhi pa pero
patay na diay nya anak pabyron
Section 1. Who may be parties; plaintiff and pede na? NO bec a dead person
defendant. - Only natural or juridical persons, or has no more personality (berut v.
entities authorized by law may be parties in a civil shapno july 9 2014/ ventura v.
action. The term "plaintiff" may refer to the claiming militante aug 5, 1999)
party, the counter-claimant, the cross-claimant, or
the third (fourth, etc.)[-]party plaintiff. The term unsaon nlng sa creditor what is his remedy?
"defendant "may refer to the original defending
party, the defendant in a counterclaim, the cross- - pwede makakiha pinaagi sa
defendant, or the third (fourth, etc.) - party executor or administrator ang estate
defendant. pede ikiha thru the executor or
administrator.
Who may be parties?
Section 2. Parties in interest. - A real party in interest
- only natural persons is the party who stands to be benefited or injured by
the judgment in the suit, or the party entitled to the
- juridical persons avails of the suit. Unless otherwise authorized by law
or these Rules, every action must be prosecuted or
- entities authorized by law defended in the name of the real party in interest.
o registered labor union under the
Who is a real party in interest?
Labor Code (LU authorized by law to
file a case) – One who stands to be benefited or injured by the
judgment in the suit or party entitled to avails of the
o group of persons with no legal
suit
personality but transacted as a
corporation may be sued as a corp - pwede mo kiha ang makiha
but cannot sue in return rule 3 sec 14
(corp. bank which has been closed Ang atty in fact (agent) pwede makakiha? Yes. if
by the monetary board retains its duly authorized by plaintiff may file a case but he
juridical personality to sue and be should file the case not in his own name but in the
sued thru its liquidator PDIC. Manalo name of the real party in interest.
v. CA oct 8 2000
Ex: si A (creditor) tua sa America nya iya igsuon naa
o Resident mammals of Tanon Strait. diri. pwede mo buhat ug SPA sa USA authorizing B to
Pede mangiha? Dili bec not natural file a case. so si B mu file ug case in the name of A.
persons nor juridical or entities.
Ramos v. Reyes april 21 2015 Unsaon sa title sa case?
o sole proprietorship does not possess “Plaintiff A represented by B as atty in fact” or “B for
juridical personality separate and or on behalf of A”
distinct from the owner (law does not
If ang title gani is “B v. X “– dismiss na. because B is
vest a separate legal personality or
not real party in interest. he has no cause of action.
power to file a separate action
Case could be dismissed on the ground: failure to
ejercito vs vargas april 22 2008
state cause of action.
o Association or group of persons
What if si X nakautang tua sa USA. ang ge file-an kay
which is not registered or does not
si S (son) pede na? No. ground for dismissal?: failure
have any legal personality. It cannot
to state a cause of action.
sue or be sued unless entered into s
contract or transaction pretending
itself to be a duly incorporated.
- an atty in fact is not a real party in interest another person. Manila electric Co. vs
and there is no law permitting an action to NORDEC Phils apri l18 2018
be brought by an atty in fact. An action
brought by him cannot be maintained. It Purpose:
should be dismissed on the ground of failure
o prevent prosecution of actions by
to state cause of action. Filipinas vs san
persons without any right, title or
diego may 27 1968
interest in the case
- the real party in interest has 2 requirements:
o require actual party entitled to legal
o to institute an action, the plaintiff relief be the one to prosecute the
must be real party in interest. case.
o the action must be prosecuted in the o Avoid multiplicity of suits.

name of the real party in interest.
o to discourage litigation and keep it
What do you mean by interest? within certain bounds pursuant to
public policy. Ang v. Pacuno July 8
- refers to material interest 2015
- Interest different from mere curiosity, If no - the owner of right violated stands to be the
material interest, cant invoke jurisdiction. So real party in interest as plaintiff and person
wa kay labot responsible for violation is real party in
interest as defendant. If di tg iya sa right di ka
Phil nomesmatic and acquirant vs Aquino jan 30 kakiha and if di ka ang naka violate di ka
2017 makiha Lee vs Ronillo 161 scra 589
A cases is dismissible for lack of personality to sue Exc:
upon proof that the party is not the real party in
interest. Ground: failure to state a cause of action. - stipulation pour atriu – while ordinarily one is
not a privy to a contract may not have a
One case: mayor entered into a contract. ni pirma right to enforced it, there are recognized
nga wa authority sa council. dihay councilor ni file exception such as contracts containing
ug annulment of contract. stipulation pour atriu.
Can a member of sangguniang panglungsod be Ground for dismissal if the party is not a real party in
considered as a real party in interest? interest?
- Yes. LGC requires prior authorization from the o Failure to state a cause of action
city council before the city mayor may sign
a contract on behalf of the city. if no o Lack of cause of action
authority, members of sangguniang
panglungsod have the standing to file a What is the remedy of the plaintiff?
case to have declared contract null and
- remedy may be: amend the complaint
void Lao v. Cagayan de Oro City sept 13
2017 TN: if di gani duly authorized ang atty in fact, ang
grounds to failure to state cause of action. pero naa
One case:ang name sa subscriber veco/MCWD kay
pud kaso ge use ground is lack of jurisdiction over
tag-iya sa building. ang building ge pa abangan
the plaintiff or case itself. cosco phil ship inc. vs
geputlan sa veco ug mcwd.
kemper insurance co. april 23 2012
pwede ba makakiha ang nangabang? kato man
tagiya sa bldg. ang ni enter sa contract pg
subscribe. What is Locus standi?
- YES. Beneficial users of electric service have - literally means legal standing
a cause of action against distribution utility
even if the service contract is in the name of

- party personal and substantial interest in a di mn ka OFW. Ingun ka concerned

case such that he has sustained or will sustain citizen mn ko.
direct injury as a result of governmental act
being challenged. o legislator, there must be a claim that
official action complained of
naay kaso ge kiha against govt. an act of the govt violated their prerogative as
is being challenged by the plaintiff and his right to legislators. eforu v. morales april 24
question gi tawag ug locus standi. 2018
The term interest means material interest, interest in LS vs RPI

issue affected by law/decree as distinguished from
mere interest in the qs involved or a mre incidental legal standing – concept in consti law while real
interest Zabal vs duterte feb 12 2019 party in interest is a concept in civpro particulary rule
3, sec 3. Which requires every action must be
- defined also as right of appearance in a prosecuted in the name of real party in interest
court of justice on a given question or in a kilsobayan inc v. morato july 17 1995
case Lagman v. Ochoa dec 7 2010
In cases of paramount importance where serious

constitutional questions are involved, standing What is derivative suit?
requirements may be relaxed and a suit may be
derivative suit – commercial na. ge ask sa rem.
allowed to prosper even when there is no direct
injury to the party claiming the right of judicial review - suit filed by minority stockholder in behalf of
lagman vs ochoa dec 7 2010 corp because intra-corporate remedy is
useless
The rule on locus standi is a matter of procedure
hence SC relax its rules for nontraditional plaintiff, - if useless remedy, minority can file a
citizens, taxpayers, voters or legislators to sue when derivative suit.
public interest requires although they may not have
been personally injured by the operation of the law
or any governmental act.
Section 3. Representatives as parties. - Where the
SC laid down the minimum requirement: action is allowed to be prosecuted or defended by
a representative or someone acting in a fiduciary
o question validity of the law/policy
capacity, the beneficiary shall be included in the
(OFW ig abot sa pinas, dapat 14 days
title of the case and shall be deemed to be the real
quarantine nya pananglitan ka law
party in interest. A representative may be a trustee
student sa sanjo to declare issuance
of an express trust, a guardian, an executor or
na constitutional)
administrator, or a party authorized by law or these
o claims to be a taxpayer and Rules. An agent acting in his own name and for the
questioning constitutionality of a law, benefit of an undisclosed principal may sue or be
there must be claim of illegal sued without joining the principal except when the
disbursement of public funds or the contract involves things belonging to the principal.
tax measure is unconstitutional.
- e apil jod beneficiary sa title
o voters, there must be showing of
ex: a case is filed in behalf of A and B is only an atty
obvious interest of the validity of the
in fact, the rep must indicate the name of the
election law in qs. Need na naay law
beneficiary (real party in interest) otherwise, the
nga nahitungod or related to
case may be dismissed for failure to state cause of
election
action. Vgent vs morning star and tours inc. july 22
o concerned citizen, there must be a 2015
showing that the issues raised are of
transcendental importance which Section 4. Spouses as parties. - Husband and wife
must be settled early. Nganu mi file shall sue or be sued jointly, except as provided by
ka ug quo warranto questioning the law.
policy of the govt about OFW’s nga
What if e kiha ang asawa kay nangutang, include with any proceedings in which he may have no
ba ang bana? interest.
- Yes, cla duha. Kay if pmapildi ang asawa Refer to above discussion
adto mn kuhaa sa ilang community of
property. Section 7. Compulsory joinder of indispensable
parties. - Parties in interest without whom no final
Except provided by law: determination can be had of an action shall be
joined either as plaintiffs or defendants.
Ex: prenuptial agreement nga separate regime
of property. if that is the case, mag iyahay ug Naay instances that a party must be necessarily
kiha. pwede asawa alone or bana. impleaded if he is an indispensable party.
What if ang asawa kay maistra nangutang nya wa What is an Indispensable party?
kabayad so need e apil ang bana. so if wa ge apil
ang bana ma dismiss ang kaso? - Is one who has an interest in the controversy
or subject matter of a case that a final
- misjoinder or nonjoinder of parties or causes adjudication/determination cannot be
of action not a cause for dismissal made in his absence without injuring or
affecting his interest.
- Remedy: require plaintiff to amend
complaint. - Parties in interest without whom no final
determination can be had of an action
What if di mosugot ang plaintiff sa gi order sa court?
Ex: partition 5 mo ka mgsuon nya namatay
- dismiss the case for failure to comply with
ginikanan. di magkasinabot sa pagbahin. Ang is
order of court R17, sec 3. Imperial v. Jaocian
aka igsoon niangkon nga cya ray owner.
april 14 2004
A, B, C, D, E are sibllings nya c A nangangkon na cya
Section 5. Minor or incompetent persons. - A minor
ray owner. Unsay buhaton?
or a person alleged to be incompetent, may sue or
be sued, with the assistance of his father, mother, - B, C, D, E kailangan mo file kaso nga partition
guardian, or if he has none, a guardian ad litem. batok ni A. what if naay igsuon di nahan
mag-apil2, si E di mag-apil2x kay si A suod
if e kiha minor or mangiha niya. Need I apil cya. He is considered as an
unwilling plaintiff. he should be included as
- assisted by parent or guardian
defendant.
- wa tagae ug support sa papa, pwede iya
ngano e apil?
mama mo kiha on behalf sa bata. The name
of the child must be included . “M - because he is an indispensable party must
represented by his mother.” be included either as plaintiff/defendant. if
plaintiff nya di mokiha, he should be
- if sila duha ni kiha, kay wa support, “W for
impleaded as defendant in order for the
hereself and on behalf of her minor son, M.”
case to prosper.
Section 6. Permissive joinder of parties. - All persons
what will happen if indispensable not included?
in whom or against whom any right to relief in
respect to or arising out of the same transaction or - Judgment of the court is null and void
series of transactions is alleged to exist, whether because there is a violation of due process.
jointly, severally, or in the alternative, may, except as
otherwise provided in these Rules, join as plaintiffs or so what should court do if there is an indispensable
be joined as defendants in one complaint, where party who is not included?
any question of law or fact common to all such
plaintiffs or to all such defendants may arise in the - NO, don’t dismiss case. TN:
action; but the court may make such orders as may misjoinder/nonjoinder of parties is not a
be just to prevent any plaintiff or defendant from ground for dismissal.
being embarrassed or put to expense in connection
What should the court do?
- court should order plaintiff to amend September 17, 2021

complaint in order to include indispensable
party either as plaintiff or defendant. Kilatan Choy
vs Kilatan Aug 28 2009
Remember IP (Indispensable Party)?
In partition-each of the co-owners is an - Key word: final determination or final
indispensable party so he should be joined either as adjudication, they are the parties without
plaintiff or defendant. whom no final determination can be had in
an action
- if di motuman, case will be dismiss not bec of - Such party should be joined however non
misjoinder but bec of failure to comply with joinder of an IP is not a ground for dismissal
order of court. sec 3, R17.
What should the court do if it notice that there is an
case: co-ownership katidrilla v. lauron april 15 2013 IP?
- nagkahiusa sila ug pangkiha. wa ga unay. - Order the plaintiff to amend the complaint
ang managsuon naa sila property nga and implead the IP
nasunod nila. naa man nangangkon lain. If P fails to comply, the order of the court- court may
A,B,C,D,E. si A ra ni file sa kaso for the benefit dismiss the case not bec that an IP has not been
of all. wa siya SPA sa uban siblings. iya ge impleaded but bec the P fails to comply with the
kiha recovery of ownership ang nangagaw. order of the court
pwede? ana SC: YES bec it is for the benefit
of all co-owners. What will happen if an IP is not impleaded? What will
happen to the proceedings and the decision of the
In actions to recover properties, all co-owners are court?
real parties in interest however any one of them may
- null and void so fatal ang effect sa non
bring an action for recovery of co-owned
inclusion of an IP
properties.
- The absence of an IP renders the entire
proceedings null and void including its
decision kilatan v kilantan aug 28 2009
Ex: Partition- kada co owner is considered as an IP, if
naay wala maapil ug kiha need iapil
What if di cya muapil, 5 co owners and 1 nila
nangangkon, ABCDE si A mooy ng angkon sa entire
lot kay iya na buy sa iyang parents pero according
sa uban igsoon di daw tinood kay ang deed of sale
is falsified.
Unsay buhaton ni BCDE?
- –file a declaration of nullity and ask for
partition
What if si D di gusto mu file sa case kay sood cla ni
A. unsaon mana run an need mna iapil?
- He is considered as an unwilling plaintiff-
included as a defendant but there must be
an explanation in the complainant that he
is not willing to become 1 of the plaintiff
But in a case to recover properties ABCDE manag
soon ng kahiusa cla pero ang property gi claim ug
lain person so cla tnan real party in interest but
regarding the recovery of the co-owned property
pede ra dili cla tnan mukiha basta mu recover if it is
for the benefit of all. Katidrilla v lauron APRIL 15 2013

What is the difference between IP vs Pro forma - Is one who is not an Indispensable but who
(nominal )party? ought to be joined as a party for complete
determination of the claim for the action
- he is the party need to be impleaded ,ang
nature same2x sa IP pero wa cyay labot sa Sa OBLICON, naay joint or solidary obligations
case.
Joint Obligation EX:
- Ex: petition for certiorari the judge who - A and B mi borrow cla and ang nature sa
rendered the decision is considered as obligation is joint, so c Mr C di pede maningil
nominal party but he has no interest in the sa entire obligation ngadto ni A half ra, so c
case lahi sa IP nga naay interest sa case or mr C wants to have a complete relief or
subject matter of the case payment or remedy so need cla duha ikiha
pero pede ran a isa like c A bec B is merely
- NP or PF is one who is joined as Party or a NP not an IP
Defendant not bec he has interest in the - His presence is not Indispensable but merely
subject matter or relief demanded but necessary if complete determination is to
merely bec the rules of court requires the be given.
presence of such party on the record
Unsay buhaton sa court if Makita nya nga dunay NP
Samaniego vs Agila June 27
na implead?
- A nominal party cannot participate in the
proceedings, iapil sa case but di ka - Pede ang court dunay discretion to require
participate the party to amend the complaint and
include the NP in order to avoid multiplicity
of suits pede rman ta buwag-buwagon but
to avoid multiplicity of suits____
Section 8. Necessary party. - A necessary party is failure to comply under sec 9 with the order
one who is not indispensable but who ought to be of the court shall be deemed a waiver of the
joined as a party if complete relief is to be accorded claim of such party. If gi orderan c plaintiff na
as to those already parties, or for a complete ipa amend but wala gi implead, failure to
determination or settlement of the claim subject of implead necessary party does not make
the action. (8) proceedings void.
TN: Failure to implead a IP would make proceedings
Section 9. Non-joinder of necessary parties to be
void but failure to implead NP does not make
pleaded. - Whenever in any pleading in which a
decision void
claim is asserted a necessary party is not joined, the
pleader shall set forth his name, if known, and shall
state why he is omitted. Should the court find the
Kanang solidary debtor:
reason for the omission unmeritorious, it may order
the inclusion of the omitted necessary party if What if ang nature a obligation ni A and B is solidary,
jurisdiction over his person may be obtained. in solidary obligation the plaintiff can demand
complete or entire performance from any solidary
The failure to comply with the order for his inclusion, obligors, in the example given assuming the nature
without justifiable cause, shall be deemed a waiver of obligation is solidary, so Mr C can demand
of the claim against such party. compliance or payment form any of the 2 pede mu
demand ug 1 million ka A alone or pede ka B alone
The non-inclusion of a necessary party does not What kind of party is a solidary debtor? Is he an IP or
prevent the court from proceeding in the action, NP?
and the judgment rendered therein shall be without
prejudice to the rights of such necessary party. - none of the 2 not an IP nor a NP bec the
plaintiff can demand full compliance from
any obligors
Who is a necessary party? Section 10. Unwilling co-plaintiff. - If the consent of

- keyword: complete relief any party who should be joined as plaintiff can not
be obtained, he may be made a defendant and

the reason therefor shall be stated in the complaint. Mu prosper ba? Mu qualify ba as class suit? Ang
(10) ilang cause of action isa rba?
- dili, kay ang concern sa paryente kato ra
Section 11. Misjoinder and nonjoinder of parties. - man paryente
Neither misjoinder nor non-joinder of parties is - if ikaw passenger, naa kay interest sa
ground for dismissal of an action. Parties may be aimong self only and not to others.
dropped or added by order of the court on motion - So cannot be considered as class suit bec
of any party or on its own initiative at any stage of the cause of action is not common to several
the action and on such terms as are just. Any claim persons. Each passenger is concerned only
against a misjoined party may be severed and to his own interest. But pede cya as joinder
proceeded with separately. of parties
- If the interest is individual not considered as
- Misjoinder/ non joinder –not ground for D class suit but pede as joinder of parties
(arising form 1 contract or 1 incident)
What should the court do?
buligbulig kita kamag anak assoc vs sulpicio
- The court shall order the plaintiff to include lines march 19 1989
the party by amending the complaint
Ex: there was a road that has been used by several
- Same with misjoinder-not ground for
road for 10 yrs. Then it was closed by subdivision
dismissal.
developer kay cla daw owner sa land ila nang
- The court has the power to include and drop
a party Chua v Torres Aug 30 2005 gamiton. The motorist who were affected by the
closures so they filed a class suit. Is it a class suit?
- Yes bec the act of the developer enclosing
Section 12. Class suit. - When the subject matter of the road has affected several persons and
the controversy is one of common or general interest they have common interest on the subject
to many persons so numerous that it is impracticable matter.
to join all as parties, a number of them which the - There is only 1 cause of action but it is
court finds to be sufficiently numerous and common of or general interest to several
representative as to fully protect the interests of all persons so numerous that it would be
concerned may sue or defend for the benefit of all. impracticable to bring them to court. Juana
Any party in interest shall have the right to intervene complex first homeowners assoc v phi estate
to protect his individual interest. (12) land inc march 5 2012
- is one of common or general interest to many Ex: opposa vs factoran 224 scra 12 –
persons so numerous that it is impracticable to join intergenerational doctrine
all as parties. - The act of those timber license holders have
What are the elements of a class suit? affected several persons.
- In Sulu nang bayan vs araneta 72 scra 247,
1. The subject matter of the controversy is one although according to SC not an example of
of common or general interest to many class suit but you can read.
person. Isa ray problem pero dghan na
affected –TN: there is only 1 cause of action What do you mean by alternative Defendants?
2. Persons affected is so numerous that it is
Section 13. Alternative defendants. - Where the
impracticable to bring them all to court
plaintiff is uncertain against who of several persons
3. Some of them may bring the case on their
he is entitled to relief, he may join any or all of them
behalf
as defendants in the alternative, although a right to
relief against one may be inconsistent with a right of
Juana complex homeowners assoc v phil
relief against the other.
estate land inc march 5 2012
Ng libog ang plaintiff if kinsa iyang ikiha.
Ex: passenger ship nalunod, dghan passengers
namatay. Kaotng relatives sa namatay ug katong Ex: a passenger (bus) met an accident bec another
mi survive ng kahiusa ug ni file ug 1 case called class vehicle bumped the bus and the passengers were
suit. injured. If ikaw pasahero knsay ikiha nmo ang
katong ng banggga na reckless or katong bus or
tag iya sa bus or driver based on breach of contract
of carriage. Torts sa nakabangga. Asa mn ikiha? If Pede ra bec they pretend themselves as corp, bsan
nglibog ka pede cla duha. Ang driver sa di cla corp makiha but di cla makakiha. They are
nakabangga ug katong operator ug driver sa bus estopped from denying that they are not a corp
na imo gisakyan pede makiha but di makakiha changkaishik school
vs CA april 18 1989
Section 14. Unknown identity or name of

defendant. - Whenever the identity or name of a What will happened if a party either as P or D dies?
defendant is unknown, he may be sued as the What if ang gikiha namatay sa covid unsay
unknown owner, heir, devisee, or by such other mahitabo sa kaso?
designation as the case may require; when his
identity or true name is discovered, the pleading Section 16. Death of party; duty of counsel. -
must be amended accordingly Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty
- “john doe, peter doe, jane doe” of his counsel to inform the court within thirty (30)
- If naay accused wa mabaw-an knsa name days after such death of the fact thereof, and to
pede ikiha as john doe give the name and address of his legal
This is applicable for example in a case sa bank representative or representatives. Failure of counsel
mangutang ug car sa bank nya dunay chattel to comply with this duty shall be a ground for
mortgage, if di makabayad ang nangutang, pede disciplinary action.
bawion tung sakyanan sa nangutang but ang bank The heirs of the deceased may be allowed to be
wa kabalo if nabaligya sa nangutang ang car, if c substituted for the deceased, without requiring the
knsa gibaligyaan. Unsay buhaton? appointment of an executor or administrator and
- Iapil nmo sa kaso as john doe the court may appoint a guardian ad litem for the
- “Mr X and john doe as defendants “ minor heirs.
Ng issue sa court sa writ of replevin lain na ngkupot The court shall forthwith order said legal
dili na c X c Y na kay gi baligya na. You can ask the representative or representatives to appear and be
court to change the name form john doe to Y. but substituted within a period of thirty (30) days from
usahay lisod ang unknown kay lisod pg served sa notice.
summons pede ipublish ang summons If no legal representative is named by the counsel
for the deceased party, or if the one so named shall
fail to appear within the specified period, the court
Section 15. Entity without juridical personality as may order the opposing party, within a specified
defendant. - When two or more persons not time, to procure the appointment of an executor or
organized as an entity with juridical personality enter administrator for the estate of the deceased and
into a transaction, they may be sued under the the latter shall immediately appear for and on
name by which they are generally or commonly behalf of the deceased. The court charges in
known. procuring such appointment, if defrayed by the
In the answer of such defendant, the names and opposing party, may be recovered as costs.
addresses of the persons composing said entity must - Specific performance but namatay ang D,
all be revealed. the case dies also bec the case is purely
Corporation by estoppel-refers to a group of person personal
representing themselves as a duly corp wherein fact But if the case is recovery of a parcel of land, duna
they did not kay land but giilog ni X, c X ug iya family nagpuyo
Ex: ABC corp pero wala diay ma register, unsaon pg but namatay c X. pede makiha bsan namatay c X?
kiha? Na wa may juridical personality di considered - Yes, pede mupadaun ang kaso, cases which
as persons. survives-the death of the party, the lawyer
Under sec 15, when two or more persons not has to notify the court regarding the death
organized as an entity with juridical personality enter of the party once the party dies.
into a transaction (pretend as corp wherein fact - Ang executor kay ang mga anak bec the
they are not) children of the deceased would substitute

- Remember that failure of a lawyer to comply knsay mupadaun?

his duty-ground to disciplinary action
- His rep Sulpicio lines v sensant july 27 2016
What if ang namatay walay admin or executor?
Damages based on torts, breach of contract of
Knsay ipuli sa lawyer?
carriage, involving personal injury survives
- Heirs (anak)
4. Actions in contractual money claims sec 20
What if wala heirs walay anak ug asawa ug way rule 3 survives, if duna kay ikiha na
representative, no admin or executor kay way will. nangutang nmo ang nangutang wa
Unsay buhaton? Di mn mupadaun ang case if way mibayad imong gikiha but namatay ang
mupuli. defendant while pending, mupadaun ang
kaso? Knsay mubayad na patay nmn?
- If no legal representative is named by the
- Pede pa adto manigil sa estate if dunay
counsel for the deceased party, or if the one
prop if wala di maliable ang mga anak
so named shall fail to appear within the
specified period, the court may order the According to SC the questions of whether the action
opposing party, within a specified time, to survives depends on the nature of the action and
procure the appointment of an executor or the damage suit for _____________________(see
administrator for the estate of the deceased riguera)
and the latter shall immediately appear for
If the case affects principally property and property
and on behalf of the deceased. The court
rights then it survives the death of the plaintiff or
charges in procuring such appointment, if
defendant
defrayed by the opposing party, may be
recovered as costs - Such as a complaint for declaration of nullity
of deed of sale cruz v cruz sept 1 2010
Piedad vs bomilis nov 27 2016 / sarsaba vs the july
30 2009 What about actions, which are purely personal such
as requiring the defendant to paint a portrait?
When a party to a pending action dies and the
claim is not extinguished, the rule requisite - do not survives
substitution of the deceased. - There is no need for the court to issue
summons to the heirs
Sec 1 rule 87 enumerates actions which survives:
What if ang abogado wala mu inform sa court na
1. Actions to recover real or personal prop or
patay na iyang client, gikiha ejectment ang
interest thereon
defendant kay ang iya family wala mipahawa but
2. Actions or cases to enforce liens thereon
namatay ang defendant but wala mu inform ang
3. Actions to recover damages for an injury to
counsel so nipadaun ang counsel pero ang mga
a person or pro-torts
anak mi appear sa court. Pgkahuman sa kaso ang
The counsel is obliged to notify the court and to give decision sa court adverse man nila so miinugun ang
the name of the legal representative of the mga anak void ang decision kay way substitution.
deceased
Unsay mahitabo? Pero if Wala tood pahibaw a pero
Knsay mu ilis? diha may mga anak na mitunga. Diha bay denial
of DP?
a. Executor ug administrator
b. Heirs - None
Recover injury by reason of torts or delicts The rule substitution of heirs is not a matter of
committed by the deceased survives board of jurisdiction but a requirement of due process; it was
liquidators v kalaw may 14 1967 designed to ensure that deceased party would
continue to be represented. Non-compliance of the
Even a case for damages based on contract of
rules may result to denial of due process to the heirs,
carriage involving injury, dunay kihanti nikiha ug
thus it is only when there is denial of due process that
damages kay nalunod ang barko gisakyan,
the proceedings and judgement is nullified. Formal
naluwas cya but namatay cya later on while case is
substitution is not necessary when they themselves
pending.
voluntary appears and present evidence. Napiri vs
Mupadaun ba? balbarona jan 13 2008
- Yes

This rule is also applicable to criminal case PP vs Section 18. Incompetency or incapacity. - If a party
tuano sept 28 2016 becomes incompetent or incapacitated, the court,
The heirs may be allowed to be substituted for the upon motion with notice, may allow the action to be
heirs without requiring admininstrator or executor continued by or against the incompetent or
san juan v cruz july 31 2006 incapacitated person assisted by his legal guardian
or guardian ad litem. (18)
Art. 774. Succession is a mode of acquisition by virtue
of which the property, rights and obligations to the What if di mamatay, maboang lang unsay
extent of the value of the inheritance, of a person mahitabo?
are transmitted through his death to another or - Case shall be continue but assisted by
others either by his will or by operation of law. guardian or guardian ad litem
- The responsibility of the heirs for the death of
the decedent cannot exceed the value of
the inheritance. Section 19. Transfer of interest. - In case of any
- Up to the inheritance ran la ang pede transfer of interest, the action may be continued by
manubag. or against the original party, unless the court upon
motion directs the person to whom the interest is
Ex: if gibilin kay 1M ra but naay utang 3M. so up to transferred to be substituted in the action or joined
1M ra ang byran ang the rest TY Hijmadi vs Luzon with the original party. (19)
surety co. nov 28 1986
What if ang case ng involve ug property but
Contractual money claims, if naay nakautang nato
gibaligya. Unsay mahitabo?
pede ipadaun ang kaso if makadaug unsaon pg
enforce sa judgment? - There is now a transfer of interest
- enforced against the estate sec 5 rule 86 Ex: P gi sell ang land so the buyer is considered as
transferee pendent lite
One case, ang owner sa land gi file-an ug kaso and
Section 17. Death or separation of a party who is a at the time the case was filed the prop has been
public officer. - When a public officer is a party in an sold by him to another person. Sa diha pg dawat sa
action in his official capacity and during its summons iya gi ignore kay di nm cya owner sa land,
pendency dies, resigns, or otherwise ceases to hold but ang buyer mooy mi file ug answer. ana ang
office, the action may be continued and plaintiff “unsay labot nmo nga ang akong gikiha
maintained by or against his successor if, within thirty ang owner mn”. Pede ang buyer mu file ug answer?
(30) days after the successor takes office or such
time as may be granted by the court, it is - YES, midrano vs de vera aug 9 2010 in cases
satisfactorily shown to the court by any party that where the sub property is transferred by
there is a substantial need for continuing or defendant the interest of transferee pendent
maintaining it and that the successor adopts or lite cannot be considered as separate from
continues or threatens to adopt or continue the the interest of transferor.
action of his predecessor. Before a substitution is What if dunay mu file ug damages based on torts
made, the party or officer to be affected, unless nya ang plaintiff namatay pede mupadaun ang
expressly assenting thereto, shall be given anak? Yes, Supicio vs sesante
reasonable notice of the application therefor and
accorded an opportunity to be heard. In del Castillo vs Gimalyn may 11 2002, the father
filed an action for damages against the common
Another case of substitution carrier for the death of his son. The right is
Ex: mayor muoy gikiha nya namatay ang mayor the transferable in character, case should not be
successor pede mu substitute if he would continue dismissed.
the action of the mayor.
Ang city thru the mayor mi file ug case for Section 20. Action on contractual money claims. -
nullification of contract if same ug stand ang succ I When the action is for recovery of money arising
continue ang case so need ug subs from contract, express or implied, and the
defendant dies before entry of final judgment in the
court in which the action was pending at the time of
such death, it shall not be dismissed but shall instead
be allowed to continue until entry of final judgment. family do not have gross amount of income
A favorable judgment obtained by the plaintiff double minimum income wage of EE and do
therein shall be enforced in the manner especially not own any real property with the FMV of
provided in these Rules for prosecuting claims more than 300K. income and property reqt)
against the estate of a deceased person. (20) and motion of disinterested person
TN: arising from contract, unsay ex. Action for supporting to the truth of litigants affidavit.
recovery of money arising from contract? mura naa mo 2nd the motion kunohay who
would attest that litigant is indigent.
- Contract of loan
- in order to prove, attach tax dec to motion
- Contract of sale
to prove that it does not exceed 300K as for
Pede ipadaun bsan mamatay ang defendant. Knsa the property (if naa).
panilngan bsan mamatay ang plaintiff? - if the litgant complies income and property
- ang estate reqt then automatically the motion shall be
- Sec 5 rule 86, The case shall not be dismissed granted (EX PARTE. di pahibaw-on ang
but instead allow to continue until entry of pikas)
judgement
- In short: the favorable judgment filed as a Frias vs torungon feb 14 2015 / alconra v naga city
claim against the estate oct 30 2006
Section 21. Indigent party. - A party may be - If the party met the requirements, automatic
authorized to litigate his action, claim or defense as na ma indigent litigant cya as a matter of
an indigent if the court, upon an ex right. However if the court finds that 1 or both
parte application and hearing, is satisfied that the requirement (prop and income) have not
party is one who has no money or property sufficient been met then motion shall be set for
and available for food, shelter and basic necessities hearing to be able for litigant to prove that
for himself and his family. he has no sufficient money or property
available for basic necessities. di nani
Such authority shall include an exemption from
exparte. the hearing shall be in the presence
payment of dock et and other lawful fees, and of
of the adverse party. In that hearing,
transcripts of stenographic notes which the court
adverse party may produce countervailing
may order to be furnished him. The amount of the
evidence and trial court will rule on the
dock et and other lawful fees which the indigent
presentation of evidence.
was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the - Ang litigant naka comply sa reqts.
indigent, unless the court otherwise provides. automatic e grant. pero usa ra gani na
Any adverse party may contest the grant of such comply, or wa jod sha na comply, file motion
authority at any time before judgment is rendered then set for hearing
by the trial court. If the court should determine after - to qualify: income and property reqt.
hearing that the party declared as an indigent is in income needed. refer babaw notes.
fact a person with sufficient income or property, the - relate that to rule 141 sec 19 pwede raka file
proper dock et and other lawful fees shall be kaso bsag way bayad docket fees in
assessed and collected by the clerk of court. If accordance with provision. free access to
payment is not made within the time fixed by the courts and quasi judicial and adequate
court, execution shall issue or the payment thereof, legal assistance shall not be reason ______art
without prejudice to such other sanctions as the
2, sec 11 phil consti
court may impose.
- See req: sec 19 rule 141 What if ng butang2x na wa cyay income ug prop
but namakak cya. If it is found that the litigant is not
- Free access to the courts art 2 sec 11 phil
really and IL bec he has sufficient income or prop he
consti
shall be required to pay the Docket Fees. The court
Sec 21. client nga wa ikabayad. unsa buhaton? shall set the case for hearing for that purpose to give
the ad verse party an opportunity to present
- file motion to litigate as indigent litigant,
evidence. di automatic na I revoke sa court there
- Attach motion 2 affidavits (affidavit of
must be a hearing. If the court declared that the
litigant stating that he and his immediate
person has suffered Prop and money, docket fees the municipality or city wherein the real property
must be collected ayala land inc v laktaw aug 8 involved, or a portion thereof, is situated. (1)
2018
- Refers to the place where the case is filed.
- Si X ang kihanti pero duna cyay anak na
kwartahan di iapil ang anak cya ra mismo REAL ACTION refers to a case affecting title to or
possession of real prop or interest therein.
- It is the litigant alone who shall execute the
indigency, not to be included the immediate - Same shall be filed and tried in the proper
relatives Tokyo marine ins co vs valdez jan 28 court which has J over the area where the
2008 res/prop involved or portion thereof is
located.
Unsa pasabot anang proper court?
Services of PAO:
- J over real actions is shared by the MTC or
Kana client sa PAO. naa pud reqts. automatic RTC. Depending upon the AV
exempt from docket fees. under existing SC
- Arun makatubag ug sakto kung proper baa
circulars, RA 9408. This is the law establishing PAO
ng venue or dili need ka makabalo unsay
OCA 121-2007. di na kailangan mo comply reqts real action.
under the rule. Pangcatan v. Manghuyop
kana mga orphanage pede mu qualified as - It is enough that a case involves real prop it
indigent? is necessary that the action would affect title
to or possession over real prop such as
- wa labot juridical persons. only available to
quieting of tittle or recovery of ownership or
individuals. (SC Admin Matter 09-6-9-ec)
possession
- Location of the prop mooy basihan
Section 22. Notice to the Solicitor General. - In any
action involving the validity of any treaty, law,
All ejectment cases, FE UD –MTC
ordinance, executive order, presidential decree,
rules or regulations, the court, in its discretion, may Unsa nang ejectment cases?
require the appearance of the Solicitor General who
- Recovery of possession which did not last
may be heard in person or through a representative
more than 1 yr or it is file within 1 yr from
duly designated by him.
disposition
- Solicitor General – law firm sa govt. lahi pud
Ex: dunay ng rent sa imong house unya wa mibayad
na sa PAO ug prosecutors office. mao na ug rent nya gipadad-an ug demand letter but wa
abogado sa govt. jud mipahawa. Asay reckoning point sa pag
- pananlitan usa ka cabinet sec ikiha, siya ang compute sa 1 yr?
abogado. bisan unsa na dept sa govt e kiha. - gkan sa pgpadala sa demand letter.
ang solgen mao abogado.
TN: Within 1 yr period, recovery of possession of real
prop-case name is ejectment. Lahi nang recovery
-----------------BREAK----------------- of onweship ha!
Ex: dunay ng rent sa house wala mibayad imo
papahawaon that is recovery of possession not
RULE 4 recovery of ownership kay wa mn cya nangangkon
VENUE OF ACTIONS na tg iya cya.
Section 1. Venue of real actions. - Actions affecting If mulapas ug 1 yr-action publiciana-bahaw na
title to or possession of real property, or interest ejectment, shared J nana sa MTC and RTC
therein, shall be commenced and tried in the proper depending on the AV
court which has jurisdiction over the area wherein
the real property involved, or a portion thereof, is
situated. The nature of the action determines the J and V
Forcible entry and detainer actions shall be PERSONAL ACTION –place of residence while Real-
commenced and tried in the municipal trial court of prop is located rakpan vs haig june 6 2018
Real actions should be file either in MTC or RTC - Collection of sum of money
depending on the AV where the prop is located
Asa I file?
regardless of the residence of the parties.
- residence of the parties
Where the ultimate or primary objective of the
plaintiff is to obtain title to or possession of real prop- What if, lain ang place of residence sa P ug D asa I
that is real action, the prayer for cancellation of doc file?
is merely incidental padlan v dinglasan march 20
- At the option of the P
2013
What if dghan plaintiff, lain2x place asa I file?
What if ang imong land gi sell sa imong brother gi
forged imong signature, gi occupy nas buyer, unsay - Place where 1 of the P resides
kaso ikiha? Recovery of ownership and possession.
Now, supposed the plaintiff is not residing in the Phil
What if giapilan nmo ug declaration of nullity-
Ex: collection of sum of money, naay nakautang nya
incapable of PE but ang recovery of ownership
pero nilarga cyas abroad gihatagaan nyag SPA
capable of PE depends on the AV ang J. what if ang
iyang igsoon. Ex: c P mooy giutangan 1 M nya c P
J is ari sa MTC. Unsa mn jud pinaka important sa
toa nas abroad gisugo nya iyang igsoon na tga
client asa ang primary objective?
cebu city. Ang defendant toa sa davao city ng
- Recovery of ownership, if mi file cyag puyo. Asa I file ang kaso?
cancellation or declaration of nullity that is
- If the plaintiff is not residing in the Phil then
only incidental to his primary purpose.
necessarily the case has to be filed in the
If wala cya mangau ug recovery of ownership kay place of defendant
cya maoy ng kupot gihapon sa yuta but dunay ng
- TN: it is not the residence of Plaintiff’s
claim, so ang iya kaso is quieting of title- it is
representative, it should be the residence of
considered as real action also. Imo gipakapinan ug
the Plaintiff. Ang v ap aug 22 200_
declaration of nullity of sale.
- your action is considered incapable of PE
bec your primary action is not recovery but What do you mean by RESIDENCE?
declaration of nullity padlan v dinglasan
- RESIDENCE refers to personal actual or
march 30 2013 /juguete v embudo july 1
physical habituation of persons or actual or
2003 kinaguran v CA aug 24 2007. Personal
place of abode, signifies presence of the
action but incapable of PE ni cya
place or actual stay thereat. Do not refer to
Dghan parcels of land na involve naay cebu city domicile.
naa sa mandaue toa pod sa tgbilaran asa I file?
Ex: plaintiff dri ng work sa cebu but iya house toa sa
- If ang maong nga yuta subject lng sa 1 tagbilaran so every weekend muuli cya ddto but on
contract, it can be fled with the court which weekdays aris cebu city. Ma consider cya residence
has J where one of the real prop is located. sa cebu? YES
Mijares vs ficio 101 phil 142
Residence: cebu
But where subject matter of the case involving
Domicile: tgbilaran
property located in different provinces the case
shall be filed in any provinces where 1 real prop is Saludo vs American express int inc april 19 2006
located Asa nag residence sa corp? pede ma mu file ang
corp?
Section 2. Venue of personal actions. - All other - Where principal office is located
actions may be commenced and tried where the Ex: principal office sa manila but naay branch sa
plaintiff or any of the principal plaintiffs resides, or cebu hayag elevators and escalators vs goldstar
where the defendant or any of the principal elevators oct 2005
defendants resides, or in the case of a nonresident
defendant where he may be found, at the election What will happen if the case is filed in wrong venue?
of the plaintiff. (2) - Dismissible on the ground of improper venue
- Damages but that is waivable. But the court cannot

motu proprio dismiss it. The defendant must (a) In those cases where a specific rule or law
raise it as an affirmative defense. provides otherwise; or
Section 3. Venue of actions against nonresidents. - If 1. Libel –damages based on libel asa I file?
any of the defendants does not reside and is not
Under RPC the criminal and civil action
found in the Philippines, and the action affects the
based on libel shall be filed with the court
personal status of the plaintiff, or any property of said
where the libelous article is first printed or
defendant located in the Philippines, the action
published, or with the court where the
may be commenced and tried in the court of the
offended party actually resides at the time
place where the plaintiff resides, or where the
of the commission of the offense-option is in
property or any portion thereof is situated or found.
the plaintiff
(3)
If the offended party is a public officer whose
What if imong ikiha wala na ng puyo dri? Pede office is in city of manila- the action is filed at
makiha? MTC manila or place of first printed or
- Pede basta ang action is rem ug Q in rem published
but di pede in personam If not in manila-RTC where he is in office or
In rem, Q in rem and in prsonam- think of the effect first printed /published 360 RPC
of decision who will be bound bec if the decision is Kanang sa FB, asa ka mu file ug kaso?
binding against the whole world- in rem most of
them spec pro Damages, basta personal action place of
residence e of D or P at his option but basta
But if not binding against the parties only-action in libel di ni applicable.
personam
Sa cyberlibel ang rule sa libel mu apply asa I file?
If a case is filed against, a party but the purpose is to
bind his prop, recover his prop or sub his prop to a - 1 option kay wa mn printing, di mn sd ma
lien-Q in rem. determine ang publication kay whole world mn so
ang option is the place of the residence of the
Personal status of the Person: plaintiff
- action for recognition Another instance:
- annulement of marriage
(b) Where the parties have validly agreed in
Property: writing before the filing of the action on the
exclusive venue thereof. (3a, 5a)
- recovery of ownership
If case involves personal stat- residence Ngsabot cla, agreement of parties would prevail
over the laws, pede masabotan ang venue but ang
If real-court where prop is located J dili
Ex: businessman ka entered into a contract worth
IN PERSONAM: millions likes appliances or gadgets, dunay contract
na just in case if naay case if file “sa cebu city I file”
Ex: what if naay nakautang na koreano 1M, misibat bsan ug davao ang residence sa D nya sa manila
miuli sa ila, pede ma filean ug kaso dri, kanang ang P, it should be followed
collection of money purely action in personam. So
di pede filean sa ato kay di pede ma servan ug TN:
summons. Pero if dunay property nabilin dri, gi Agreement on venue could be:
chattel mortgage na car pede ma filean ug kaso by
attaching the prop here, file a collection of sum of Restrictive
money with a prayer of prelim attachment-Q in rem There should be specific words that would indicate
na. that agreement on venue.
Exclusivity of venue or words specific:
Section 4. When Rule not applicable. - This Rule shall 1. Exclusively –parties hereby agree that any
not apply action shall be exclusively filed in the courts
of cebu city, if wala gni ang word na

exclusively- it is not restrictive but merely

permissive so optional.
RULE 5
2. Shall only be –if shall ra gani dili na exclusive. UNIFORM PROCEDURE IN TRIAL COURTS
3. Waiving for this purpose any other venue Section 1. Uniform procedure. - The procedure in the
4. To the exclusion of other courts Legaspi v rep Municipal Trial Courts shall be the same as in the
july 23 2008 Regional Trial Courts, except (a) where a particular
provision expressly or impliedly applies only to either
5. Exclusivity of venue of said courts, or (b) in civil cases governed by the
6. Only Rule on Summary Procedure. (1)
7. Solely Exception: Rules for small claims cases/ rules on sum

procedure - applicable only on first level courts
8. Exclusively in this court
Section 2. Meaning of terms. - The term "Municipal
9. In no other court same Trial Courts" as used in these Rules shall include
10. Particularly Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts, and Municipal Circuit
11. Nowhere else but except pacific
Trial Courts. (2)
consultants internation asia inc vs shunfiled
feb 19 2007
Or merely permissive RULE 6
KINDS OF PLEADINGS
Without any restrictive words:
Section 1. Pleadings defined.
Defendant from davao plaintiff is manila: “any
action shall be filed in cebu city” dli restrictive Pleadings are the written statements of the
respective claims and defenses of the parties
- Pede mu file ang case in manila or davao, di
submitted to the court for appropriate judgment.
mu follow sa cebu city
Complaint, answer, reply, counterclaim, cross claim,
In order to restrict a party form filing a case other
3rd party so on
than the stipulated venue it should provide exclusive
words auction in malinta inc v luyabin feb 12 2007/ Section 2. Pleadings allowed. — The claims of a
holy trade cor v blanco 140 phil 604/ unimaster party are asserted in a complaint, counterclaim,
conglomaster vs ca 335 phil 415 cross-claim, third (fourth, etc.)-party complaint, or
One case, plaintiff, ang iyang land gi prenda sa complaint-in-intervention.
bank pero wa cya mg authorized, gi forged iya The defenses of a party are alleged in the answer to
signature, iyang gibuhat mi file cya ug declaration the pleading asserting a claim against him or her.
of nullity of the promissory note on the REM, the
defendant bank moved or asked for the dismissal of An answer may be responded to by a reply only if
the case on the ground of improper venue, the defending party attaches an actionable
according to bank it was stipulated in the contract document to the answer.
of REM that in case any action arising in contract the - Complaint- answer-reply (if ans of defendant
same shall be filed in the court of manila but dia mn is appended with actionable document)-
ang plaintiff ng puyo sa cebu. Should the case be
dismissed? What is actionable document?
SC: where the case filed in order to question - is a document where the claim of the
the validity of the contract or written plaintiff is based or defense of a defendant
instrument in itself, the plaintiff should not be is based.
bound by the exclusive venue stipulation Ex: promissory note- basis of filing a case but if walay
contained therein and should be file in promissory note di pod pasabot na di maka file
accordance with the general rules on
venue. Brines vs trans asia credit corp jan 14 On the part of the defendant muingon cyan a
2015 / de leon vs llana feb 11 2015 nakapay na cya-mu attached cya ug receipt-basis
sa defense na payment – receipt is an ex of
actionable document.

The plaintiff filed a reply when defendant attached - ultimate facts: sometime on January 15, 2018
actionable document obtained a loan in the amount of 1m
1. complaint (plaintiff payable in 1 year despite demands
2. answer (defendant) w/ actionable docu ,defendant failed to pay.
3. reply (plaintiff) w/ actionable docu - under sec 7, rule 8 whenever action or
4. rejoinder (defendant) defense based on written document
If way actionable document-defense is considered (Actionable document) the substance of
controverted which shall be set forth in a pleading and
original or copy shall be attached to
if way actionable document, no need to file reply. pleading as exhibit shall be deemed part of
deemed controverted. deemed admitted. on other pleading.
hand, defendant required to submit rejoinder if
plaintiff attach to his reply an actionable document.
- Sec 7 rule 8 actionable document
Section 3. Complaint. — The complaint is the Section 7. Action or defense based on
pleading alleging the plaintiffs or claiming party's document. — Whenever an action or defense is
cause or causes of action. The names and based upon a written instrument or document, the
residences of the plaintiff and defendant must be substance of such instrument or document shall be
stated in the complaint. set forth in the pleading, and the original or a copy
thereof shall be attached to the pleading as an
- Relate to Rule 7 (6) sec 2
exhibit, which shall be deemed to be a part of the
Section 6. Contents. — Every pleading stating a pleading.
party's claims or defenses shall, in addition to those
Unsaon pg allege sa actionable docu?
mandated by Section 2, Rule 7, state the following:
Ang substance I allege, ang contents sa promissory
(a) Names of witnesses who will be presented to
note- i-summary
prove a party's claim or defense;
2 steps:
(b) Summary of the witnesses' intended testimonies,
provided that the judicial affidavits of said witnesses 1. State the summary/gist of the actionable
shall be attached to the pleading and form an document
integral part thereof. Only witnesses whose judicial
2. Attached copy of actionable docu to the
affidavits are attached to the pleading shall be
complaint or answer
presented by the parties during trial. Except if a party
presents meritorious reasons as basis for the
admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; Section 4. Answer. — An answer is a pleading in
and which a defending party sets forth his defenses
(c) Documentary and object evidence in support of - Di lng limited batok s complaint, refers also to
the allegations contained in the pleading. an answer to counterclaim, answer to cross
claim, answer to 3rd party complaint, answer
to complaint in intervention
rule 7 (6), sec 2. unsa e apil complaint and answer? - Answer must alleged the defenses either
- state the names of witnesses presented to negative or affirmative
prove a party’s claim or defense
- Just like the complaint it must also alleged
- The testimony of witnesses shall also be the witnesses, etc
included. the witnesses shall be required to
execute judicial affidavit. - Must also allege the compulsory
- ilaha mga documents e attach na. baga counterclaim otherwise barred sec 2 rule 9
najod ang kaso.
- documentary ang object evidence in
Section 5. Defenses. — Defenses may either be
support (sec 2, rule 7)
negative or affirmative.
- every pleading shall contain methocidal,
logical, form..
(a) A negative defense is the specific denial of the 2. Where a defendant desires to deny only a
material fact or facts alleged in the pleading of the part of an averment, he shall specify so
claimant essential to his cause or causes of action. much of it as is true and material and shall
deny only the remainder
(b) An affirmative defense is an allegation of, a new
matter which, while hypothetically admitting the 3. Where a defendant is without knowledge or
material allegations in the pleading of the claimant, information sufficient to form a belief as to
would nevertheless prevent or bar recovery by the truth of a material averment made to the
him or her. The affirmative defenses include fraud, complaint, he shall so state, and this shall
statute of limitations, release, payment, illegality, have the effect of a denial
statute of frauds, estoppel, former recovery, P in complaint : sometime in jan 2018 D obtain a loan
discharge in bankruptcy, and any other matter by in the amount of 1 M with monthly interest of 2%
way of confession and avoidance. entire amount payable in 1 yr” Despite demands
Affirmative defenses may also include grounds for defendant failed to pay a copy of demand letter is
the dismissal of a complaint, specifically, that the hereby attached due to the refusal of the
court has no jurisdiction over the subject matter, that defendant to pay the P suffered sleepless nights-
there is another action pending between the same 200K moral damages, Servces of a lawyer- 100K as
parties for the same cause, or that the action is acceptance fee plus 4K pr court appearance. That
barred by a prior judgment. he is also constrained litigation expenses of not less
than 100K
- Defenses? Pangatarungan sa defendant
nganung di cya ma liable Pede bana na ingun sa defendant “that defendant
specifically denies all allegation in the complaint.”
“no knowledge of the information” pede na isa ra ka
- NEGATIVE DEFENSE sentence?
- Specific denial of the material facts alleged - The denial is considered gen denial and has
in the pleading an effect of admission.
It is not enough that the defendant would deny the Unsa diay ma considered na specific?
allegations, the denial must be considered specific TN: the use of the word specific does not constitute
otherwise, it is considered general and considered specific denial. In order to constitute specific denial
as an admission the denial must comply with the rules.
When can you say that denial is specific? Rule 8 sec
10
The defendant must specifically deny each material
Section 10. Specific denial. — A defendant must allegation that he wants to deny.
specify each material allegation of fact the truth of
which he does not admit and, whenever 1. Ex: parag 1 that the P is resident of cebu city
practicable, shall set forth the substance of the while D is a resident of davao city
matters upon which he relies to support his denial. Correct: The defendant specifically denies the
Where a defendant desires to deny only a part of an allegation in P1 regarding the residence of P bec the
averment, he shall specify so much of it as is true and truth of the matter is that P is residing in tagbilaran
material and shall deny only the remainder. Where
a defendant is without knowledge or information
sufficient to form a belief as to the truth of a material 2. “ P2: loan in the amount of 1 M”
averment made to the complaint, he shall so state,
Correct: The D specifically denies the allegations in
and this shall have the effect of a denial.
P2 bec the truth of the matter is that D did not obtain
3 modes of specific denial: any loan from the P
1. A defendant must specify each material Aside from specifically denying, the defendant has
allegation of fact the truth of which he does to allege what is the truth
not admit and, whenever practicable, shall
set forth the substance of the matters upon
which he relies to support his denial. 3. WHAT IF NAAY BAKAK? Unsaon pg deny?

“ the D partially denies P 1 as with regards to the September 24, 2021

residence of the P bec the truth is that the P resides
Choy & Blanche
in tgbilaran”
RECAP
4. WHAT IF WA JUD CYA KABALO/NO

KNOWLEDGE”?
In the complaint not only that the ultimate facts shall
“ sleepless nights, mental anguish etc” be alleged but under the present rule aside from
facts that constitutes an action of the plaintiff and
Correct: the defendant has no knowledge / info to
reliefs sought or asks it must also state the evidence
form a belief as to the allegations in P5 therefore
to support the allegation regarding the ultimate
denied.
facts.
TN: dapat tinud-anay na lack of info ka na wa jud
ka kabalo If muingon ka nangutang unsay isupports ana?
Ex: defendant obtain a loan jan 2018 in the amount Including the names of witnesses and the gist of the
of 1M testimony. Aside from that, not only the evidence
Defense: defendant has no knowledge or info as to would be alleged and attached to the complaint,
the veracity of P5 sakto na? the complaint shall also state the law in which the
cause of action is based.
- dili kay wa diay ka kabalo if naka obtain ka
or wala? so ma consider na general denial. If nangutang na unsay balaod mu support ana to
make the defendant liable? Adto ka sa OBLICON
A denial that does not follow sec 10 rule 8 is
considered a gen denial and considered admission What must be stated in the complaint?
metropolitan bank vs lee construction ___ 3 2014
- ultimate facts
Gothong vs BPI june 29 2015
Fernando vs Wesleyan 2016 - evidence
Capito motors corp v yabot march 19 1970 - law
Attached to the complaint are the evidence, JA,

What do you mean by negative pregnant? documents if any including the object evidence if
any. This is important because a party is not allowed
- Form of denial which is contains admission of
to present a witness or evidence which is not alleged
the allegations in the pleading responded
in the complaint except if naa sha valid reason for
to.
his failure to allege name of witness or attach his JA
Guevarra vs eala aug 6 2007 or copy of document to the complaint.
- The complaint for grossly immoral conduct Connect nato sa:
- Complaint “ respondent iren flaunted their
relationship attending social gatherings” Rule 8, Section 7. Action or defense based on
document. — Whenever an action or defense is
- Tubag: respondent specifically denies based upon a written instrument or document, the
having flaunted relationship with iren the substance of such instrument or document shall be
truth is that their relationship is low profile and set forth in the pleading, and the original or a copy
know only to some people” thereof shall be attached to the pleading as an
exhibit, which shall be deemed to be a part of the
pleading
Assignment: Rule 6 to rule 14
This particular section tells us how to alleged the
contents of an actionable document.
Actionable document- document upon which the

cause of action of the plaintiff is based or the
defense of the defendant is based.

Ex:
PN– plaintiff if the defendant has counterclaim/cross claim must

also be incorporated in his answer. The compulsory
Receipt-defendant counterclaim or crossclaim must be alleged and
stated in the complaint. (rule 9 sec 2.) otherwise, it is
Unsaon pg allege sa pleading?
barred.
- the gist, the summary of the AD shall be
Defenses are either negative or affirmative
stated in the pleading and a copy of AD
shall be attached to the pleading
- the gist of the PN shall be stated, alleged in What is negative defense?

the complaint and a copy of the PN shall be
attached to the complaint Section 5. Defenses. — Defenses may either be
What about an answer?
(a) A negative defense is the specific denial
- It is a pleading in which defending party set
of the material fact or facts alleged in the
forth his defenses. It is filed within 30 calendar
pleading of the claimant essential to his
from service of summon unless a different
period is fix by the court sec1 rule 11. cause or causes of action.
- The answer must allege the defenses. (b) An affirmative defense is an allegation of,
a new matter which, while hypothetically
Defenses? iya excuse ngano di sha ma-
admitting the material allegations in the
liable.
pleading of the claimant, would
nevertheless prevent or bar recovery by
him or her. The affirmative defenses include
2 KINDS OF DEFENSES: fraud, statute of limitations, release,
payment, illegality, statute of frauds,
1. negative estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of
2. affirmative
confession and avoidance.
Affirmative defenses may also include grounds for

just like a complaint, the evidence of defendant to the dismissal of a complaint, specifically, that the
support his defense including the name of witnesses court has no jurisdiction over the subject matter, that
and gist of testimony as well as the law must be there is another action pending between the same
alleged in the answer. It shall be attached to the parties for the same cause, or that the action is
pleading. barred by a prior judgment.
TN: Allege in answer: DEL Section 5. Defenses. — Defenses may either be

- defenses
(a) A negative defense is the specific denial of the
- evidence material fact or facts alleged in the pleading of
the claimant essential to his cause or causes of
- law
action.
Complaint:
In order for a defense to be considered a valid
- ultimate facts negative defense, there are 3 ways under Rule 8,
sec 10.
- evidence
1. by specifically denying or specifying each
- law material allegation of fact in the complaint
the truth of which the defendant does not
admit and setting forth the substance of the 3. To state the defendant is without knowledge
matters which he claims to be the truth or info sufficient to form a belief as to the truth
of material averment in the complaint, which
What do you mean by specifying each material has the effect of the denial.
allegation?
Example: lack of knowledge of the truth.
- identify asa niana ang di nimo angkonon.
unya e specify nimo. Di pede nga muingon Mu alleged ang P: that due to stubborn refusal of
nga “ah kana cla tnan” the defendant to pay his loan despite demands, the
plaintiff suffered sleepless night mental anguish.
- if imo edeny, e specify pud unsa truth sa
imo. set forth the truth of the facts. allege Unsaon pag deny?
facts that he claims to be the truth. imo man
kaha ge pangakak, unsa man tinuod? sa iya - the defendant has no knowledge or
tubag, information as to the veracity of paragraph
5. Wa sha kahibaw ug unsa ka tinuod.
Ex: kana siya di tinuod nga nagutang ko kay sa
tinuod ana, wa jod ko makautang bisag gamay. OR That kind of denial that he has no knowledge has
the effect of special denial.
Ex: tinuod nakadawat pero di man tu utang.
hinabang man tu due to pandemic. TN: a denial that does not follow the rules set forth in
sec 10, rule 8 is considered general denial. if di
- set forth the facts which defendant claims to motuman ato, considered general denial.
be the truth.
Unsay effect sa general denial?

2. specifically denying or specifying a part of
material averment or allegation to which he - FATAL.
claims to be false and admitting the
- A general denial has an effect of admission.
remainder
- In general denial, it does not become
– so just a portion of a paragraph
specific by the word SPECIFICALLY.
which he claims to be false, he
should set forth the truth of his facts. Ex: Kana muingon ang defendant na “ the
defendant specifically denies all the allegations in
the complaint”
Example:
Is the denial specific?
Plaintiff alleges that he is resident of cebu
- NO, in order to be considered specific
city. legal age. Filipino while defendant legal
denial, the denial must follow the rules of sec
and resident etc.
10 rule 8. The use of word specific does not
What if iya ra ge allege ang personal circumstanes make the denial specific.
ra sa defendant?
Another: lack of knowledge or info on matters
- The defendant partially admits the clearly known to the defendant or ought to be
allegations in paragraph 1 as regards known to him or could have been easily known by
personal circumstances of defendant but him are considered admissions because is same
specifically denies the personal done by bad faith.
circumstances of the plaintiff particularly the
Ex: muingon ang defendant na “the defendant
residence the truth of matter is defendant is
sometime on Jan 15, 2019 the defendant obtained
never a resident of cebu city. (THAT IS HOW
loan in the amount of 1 million.
TO MAKE A PARTIAL SPECIFIC DENIAL).
Kung ikaw diay defendant di diay ka kabalo na
nangutang ka or wala.

Ex: moaana sha he has no knowledge regarding the what if naay naka attach promissory note sa
veracity of information in 5. Sakto na? complaint.
- NO, it has the effect of admission bec the Ex: Atty ka sa defendant nga ge file-an sum of
denial for lack of knowledge shall be made money unya naay gi attached na PN.
in GOOD FAITH
Atty: tinood ba nakautang kag 1M
- If an admission is known to the defendant or
ought to be known to him and yet he makes D: sus atty kanindot ba ana na naka utang kog 1M
such kind of denial by lack of knowledge or but wala jud
information that is considered as an
Atty: nya dia mn lge na PN gipirmahan dri
admission. Fernando enterprises vs Wesleyan
University Phil jan 20 2016 D: dili na ako atty, gi falsified na
- This form of denial must be made with
sincerity and good faith. Capitol motors vs
Yabut march 19 1970 Unsaon pg deny?
Rule 8, Section 8. How to contest such documents.

— When an action or defense is founded upon a
What is negative pregnant? written instrument, copied in or attached to the
corresponding pleading as provided in the
– form of denial which contains admission of
preceding section,
the allegation or claims of the pleading
being responded to. It is a denial pregnant Effect: the genuineness and due execution of the
with an admission of the substantial facts instrument shall be deemed admitted
alleged in the complaint.
Saktong paagi: unless the adverse party, under oath
Example: specifically denies them, and sets forth what he
claims to be the facts, but the requirement of an
Sometime on jan 15, 2019, the defendant obtained
oath does not apply when the adverse party does
a loan of 1M payable in 1 year.
not appear to be a party to the instrument or when
Answer niya: defendant specifically denies that he compliance with an order for an inspection of the
obtained a loan from the plaintiff sometime on jan original instrument is refused.
15, 2019 in the amount of 1M bec the truth of the
under this rule, kana particular allegation that he
matter is he obtained loan sometime on Jan 15,
executed promissory note shall be specifically
2020. It was not 1M. It was only 500K.
denied by him and he should allege the truth.
- denial pregnant with admission.
Ex: sa par 2 sa complaint: the plaintiff obtained a
- Look at the case of Guevarra vs Eala Aug 6, loan in amount of 1M and he signed a promissory
2007 note. A copy of which is hereto is attached. sa iya
answer, unsaon pag deny specifically?
Ng hisgut ta gnina ug ACTIONABLE DOCUMENT:
A: the allegations in par 2 alleging that the D has
2 steps sa pag allege: obtained a loan and affixed his signature are
specifically denied because the truth of the matter
- gist summary must be alleged in the is he has never obtained a loan from the plaintiff. The
pelading and signature in the PN purportedly of the defendant is
falsified. It’s a forgery.
- a copy of the actionable must be attached
to the pleading.
What is under oath?

HOW TO MAKE A SPCIFIC DENIAL/DEFENSE: - The answer must be verified.

Unsay mahitabo if sakto ang pg ka storya pero dili gGapasabot ba na sure pidli?
under oath?
- Remember that what is deemed admitted
- if di verified ang answer, the genuineness are only the genuineness and due
and due execution of the actionable execution. Other defenses are not waived.
document shall be deemed admitted.
- When the cause of action is anchored on a
Unsay gi deemed admit? document, the adverse party must declare
under oath, that he did not signed the AD or
- The genuineness and due execution. that it is fabricated and sets forth what he
claims to be the facts Go Thong electrical
Unsay kalahian sa genuiness and due execution?
Co. vs BPI fam savings bank june 29 2015
What if gi-tiunan tika pusil and papirmahon tika PN
- If di matarung ug deny under oath, it means
nga if di ka mupira, buak na imo bagul2 nmo. So
that the document is not falsified and the
pirma jod ka. Genuine imo pirma dra?
signature is not forged. He also admits that
A: Yes, di ka kaingun na falsified but not duly the he voluntarily signed the document or it
executed. was signed by another for him and with his
authority and that all formalities required by
Unsa nang duly executed? law have been complied with. Permanent
savings and loan bank vs velarde sept 23
- the shall be no force or threat exerted for you 2004
to affix signature.
Unsa nang genuineness?

- the rules require that aside from specifying
– kana di imoha. lain ga pirma. allegations of fact not admitted, the answer
shall set forth the matters set forth in denial so
that in effect the rules are not satisfied by
mere denial even if specific but demand
a. If di ma specifically deny/saup ang pamaagi
that the defendant manifest that what he
sap g deny
considers to be the truth.
b. Dli under oath
- The purpose of specific denial is to compel
If di mg uban ang 2 (abovementioned) the the defendant to specify the allegation
genuineness and due execution of the AD would be which he or she intends to disprove and
considered deemed admitted. disclose the matters relied upon to support
such denial thereby limiting issues and
BTW: kana requirement na e deny under oath, avoiding unnecessary delay or surprises.
mandatory para sa party to a document. if di party
sa document, di siya ga pirma, this requirement is - However, even if parties fail to deny the G
not applicable. pwede ra di under oath. and DE of Actionable Document, he could
still assert in the pleading the defense of
Ex: deed of sale or PN – ang ga pirma sa PN iya fraud, mistake, compromise, payment,
papa. karon naningil iya gi-utangan sa iya statute of limitations, estoppel and want of
kabutangan sa iya papa. obligado ba mo deny consideration
under oath and executor or administrator?
- Sa ato pa ang uban defense other than
- No, he is not a party to the document. sec 8, forgery and due execution.
rule 8.
Ex: wa ma deny under oath ang PN, pwede pa ka
Unsa gae tu ang deemed admitted? allege ug payment as defense. prescription. etc. or
want of consideration. he is not barred from raising
- genuineness and due execution in his answer and proved in the trial that there was
imperfection on the writing or it does not express the
- di na cya kaingun na falsified cya, gihulga true agreement of the parties or that the agreement
cya kay deemed admitted mn

is invalid or there is intrinsic ambiguity of the writing. Rule 6, Section 5B

Gothong electrical supply
The affirmative defenses include:
Rule 8, Section 11. Allegations not specifically
denied deemed admitted. — - fraud,
Material averments in a pleading asserting a claim
- statute of limitations,
or claims, other than those as to the amount of
unliquidated damages, shall be deemed admitted - release,
when not specifically denied.
- payment,
- illegality,
, sa answer japon. – material averment in a pleading
asserting a claim or defense other than those - statute of frauds,
unliquidated damages shall be deemed admitted
when not specifically denied. - estoppel,
kato mga allegations regarding claims are - former recovery,

considered admitted if not specifically denied. mao
na sha ang mahitungod sa specific denial. - discharge in bankruptcy,
- and any other matter by way of

AFFIRMATIVE DEFENSE
Rule 8, Section 12. Affirmative defenses. — (a) A
Affirmative defense – these are the defenses that defendant shall raise his affirmative defenses in his
may be raised in the answer pursuant to sec 5B, rule answer, which shall be limited to the reasons set forth
6 and sec 12 rule 8. Mao ni katong ge allege sa Par under Section 5(b), Rule 6, and the following
B sec 5 ug sec 12 rule 8. grounds:
Section 5. Defenses. — Defenses may either be 1. That the court has no jurisdiction
negative or affirmative. over the person of the defending
party;
(a) A negative defense is the specific denial
of the material fact or facts alleged in the 2. That venue is improperly laid;
pleading of the claimant essential to his
cause or causes of action. 3. That the plaintiff has no legal
capacity to sue;
(b) An affirmative defense is an allegation of,
a new matter which, while hypothetically 4. That the pleading asserting the
admitting the material allegations in the claim states no cause of action; and
pleading of the claimant, would
5. That a condition precedent for
nevertheless prevent or bar recovery by
filing the claim has not been
him or her. The affirmative defenses include
complied with.
fraud, statute of limitations, release,
payment, illegality, statute of frauds,
estoppel, former recovery, discharge in
bankruptcy, and any other matter by way of unsa man ang affirmative defense?
- Definition sa aff D naa sa par B.
Affirmative defenses may also include grounds for
the dismissal of a complaint, specifically, that the - is an allegation of new matter which while
court has no jurisdiction over the subject matter, that hypothetically admitting the material
there is another action pending between the same allegation of the claimant would
parties for the same cause, or that the action is nevertheless prevent or bar recovery by the
barred by a prior judgment. plaintiff.

- Sa affirmative Defense, ang defendant diri naa sa rule 8, sec 12A (refer above). unsay naa dri
mo admit. Hypothetically admit the na section? Moo ni ang grounds for motion to dismiss
allegation but would allege a new matter (rule 16). Wa nmn ni gi transfer nas rule 8.
which would prevent or bar recovery.
no jurisdiction over the person of the
Ex: tinuod nakautang ko pero bayad naman, fully defending party
paid na.
improper venue
Ex: tinuod nakautang ug wa ko kabayad pero ang
action prescribed na. no legal capacity to sue plaintiff
- Kanang prescription or payment moo nay no cause of action

affirmative defense.
condition precedent for filing the claim has
not been complied with.
Sec 5B P 1 and 2 affirmative defenses:
fraud TN: 2 sets of affirmative defense. 1st 5B rule 6, sec 12A,

rule 8.
statute of limitations
TN: failure to raise an affirmative defense at the
release earliest opportunity shall constitute a waiver.
payment
illegality (illegal considerations sa OBLICON- naa ra 4 na defense di considered waived:

make the contract void)
– lack of jurisdiction over the SM
fraud –make the contract voidable
– prescription
any other matter by way of confession and
avoidance – litis pendentia
Release – ge condone na. ge waive na. – res judicata
Statute of fraud – requires that certain obligations pursuant to sec 1 rule 9 ni.
that requires certain contract must be in writing if not
Section 1. Defenses and objections not pleaded. —
in writing, unenforceable.
Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed
waived. However, when it appears from the
2nd Paragraph affirmative defenses may also include pleadings or the evidence on record that the court
the ground for dismissal of the complaint. has no jurisdiction over the subject matter, that there
is another action pending between the same
lack of jurisdiction over subject matter parties for the same cause, or that the action is
barred by a prior judgment or by statute of
there is another action pending between
limitations, the court shall dismiss the claim.
same parties for the same cause of action
(litis pendentia) – di ma waive bsan di ma allege as affirmative
sa answer.
the action is barred by prior judgment (res
judicata) – court can motu proprio dismiss the case sa
other grounds cannot dismiss motu proprio.
TN: MEMORIZE AFFIRMATIVE DEFENSE DEFINITION
– only grounds subject to motion to dismiss
unsa pamay lain nga affirmative defense?
The filing of a motion to dismiss based on those
affirmative defenses no longer allowed except
atong 4. di ma waive. the court can dismiss motu
proprio. only grounds subject to motion to dismiss. LACK OF LEGAL CAPACITY TO SUE
The rest cannot be raised MTD but as affirmative
defenses in the answer. – Disability of plaintiff to sue on account of
minority, insanity or incompetence.
(Alabang development corporation v.
Alabang Hills Village Association June 2
LACK OF JURISDICTION OVER THE PERSON OF THE 2014)
DEFENDANT
– same ras marriage license. kailangan sya 18
Lack of jurisdiction over person of the defendant – years old. below 18, lack of legal capacity.
This can be invoked if there is lack or improper same ra diri. plaintiff must be at least 18 years
service summon of defendant. However, that the old. if minor sha, case might be dismissed for
defendants voluntary appearance in the action lack of legal capacity to sue or he must be
shall be considered as or equivalent to service of assisted by guardian or his parents.
summons.
– The same way if e kiha ang minor. if e kiha
If wa ma served ug summons pero mi appear sa ang minor without including parents, case
court, he cannot raise anymore-WAIVED. could be dismissed for failure of complaint to
state a cause of action.
TN: voluntary appearance is not limited to physical
appearance but includes the act of filing motion or – If minor ang mukiha(sue) ang ground sa
any pleading except lack of J over the D. defendant is LACK OF LEGAL CAPACITY TO
SUE
Ex: sheriff went house of the defendant and the
latter was not there kay work. so he left it to his – If minor ang ikiha (sued) without including
helper. upon taking hold of docu, defendant went the parents, ang ground is FAILURE TO STATE
to his lawyer filed a motion for extensio of time to file A CAUSE OF ACTION
answer. It was granted for 30 days extension. In his
answer, B raised affirmative defense lack of – if mangiha marine mammals or dolphin,
jurisdiction over his person due to improper service ground dismissal: lack of legal capacity to
of summons. Was there proper service of summon? sue. kana mga dolphins di considered
matural or juridical entity or authorized
- No. because under rule 14, sec 5, the person to file a complaint. ramos v reyes
preferred mode is thru personal service. april 21 2015.
Substituted service can only be done if the
defendant cannot be served after 3 – sole proprietor – wa na legal personality.
attempts.in 2 diff dates. Ground for dismissal: lack of legal capacity
to sue ejercito vs vargas april 10 2008
Has the court acquire jurisdiction over the person of
the defendant despite the improper service of – unincorporated unregistered corp – no legal
summons? capacity. association flood victims v
comelec aug 5 2014
- YES. despite improper service of summons
the court has acquired J over the person of – dead person can’t file a case. – kinsa mo
the D because he has filed a motion for kiha? administrator or executor ang mokiha
extension to file answer which is considered on behalf of the estate berut v shapno july 9
as voluntary appearance. 2014
IMPROPER VENUE BAR Q: what is difference legal capacity and legal

personality?
– rule 4. plaintiff should follow the rules laid
down in rule 4 in filing of complaint otherwise
the complaint might be dismissed bec on
improper venue. Lack of legal capacity – minor, buang, suffering from
civil interdiction.
– Refer to previous discussion

legal personality to sue – not duly authorized by complaint, it could be dismissed for failure to state
plaintiff. cause of action.
a. right of plaintiff
example: naa nangutang sa imong parents parents b. the obligation on the part of the defendant
nya ikaw pakihaon sa imong parents. pero if imo to respect that right
parents wa mohatag SPA nimo. ground: lack of
legal personality to sue or complaint states no cause c. act or omission of the defendant which
of action or failure to state a cause of action. violated the right of the plaintiff
COMPLAINT STATES NO CAUSE OF ACTION remember: when the defendant raised as an

affirmative defense in his answer, the complaint fails
when pwede ma allege? or raise as a defense? to state cause of action, if mao na ge allege as
affirmative defense that the complaint fails to state
1. plaintiff is not a real party in interest – atty in cause of action or states no cause of action. The
fact is not duly authorized Contreras vs court in resolving that affirmative defense should
rondina water supply only examine the 4 corners of the complaint.
basahon ug e examine sa court ang complaint if
2. when the defendant is not real party in
tinuod ba insufficient ang complaint. it would be
interest – any decision rendered against a
erroneous for the court to set the case for hearing
person who is not a real party in interest in a
and require presentation of evidence esp the
case cannot be executed so the complaint
plaintiff. tanawn and basahon ra sa court if
filed against such person ahould be
allegations sa complaint sufficiently state cause of
dismissed for failure to state a cause of
action admitting hypothetically to be true. If
action. Agila vs CA nov 25 1999
iyahang gipang sulti mo constitute ug cause of
ex: ang anak si S nangutang pero wan a makit an si action? if yes then not dismissible on that ground.
Sso ang kiha kay ang papa niya, si F. ground sa pag misamis ocidental coop v david aug 25 2005
dismiss: failure to state cause of action bec the
The inquiry there is limited only to sufficiency and not
defendant is not real party in interest.
veracity of material allegations. If the allegations of
3. When complaint does not allege all the complaint provide sufficient basis to which it can be
elements of cause of action or fails to state maintained it should not be dismissed regardless of
any act committed or incurred by the the allegations of the defendant in his answer. The
defendant dismissal of the complaint is allowed only if plaintiff
failed to show that the defendant is entitled to relief.
– pananglitan si plaintiff mao jod ge utangan. Corporation vs Pah feb 28 2016
nya si defendant mao pud nangutang. pero
problema wa ga state sa tanan elements of - the annexes attached to the complaint may be
acuse of action sa complaint. like way considered to determine whether or not the
demand to pay prior to the filing of the case. complaint state a cause of action because such
ground to dismiss: failure to state cause of are considered part of complaint.
action mecina v. fian april 8, 2013
4. When plaintiff cause of action is premature

BAR Q: what is the difference between failure state
or not yet due – ilang sabot sa defendant
cause of action and lack of lack of cause of action?
utang bayran kay December 2021. ga away
man sila. nikontra pagka mayor sa plaintiff. These are 2 separate grounds for the dismissal of the
lagot siya. so ge paninglan wa mo bayad, complaint.
ge kiha. pero December pa mo due.
ground: failure to state cause of action bec 1. When we say failure to state cause of action
of cause of action is still premature. that refers to insufficiency allegations in the
complaint. while lack of cause of action
Remember the elements of cause of action because refers to insufficiency of the evidence to
if not all elements is present or alleged in the support the allegations in the complaint.
Ex: all elements of cause of actionnare stated, di – Condition precedent that must be complied
sha ma dismiss kay sufficient ang allegation. if during before filing a case in court
the trial, what if, sufficient allegation sa complaint
nya ge file-an ug answer with affirmative defense
that the complaint fails to state cause of action pero
1. Prior referral of the case to the brgy. As
pag examine sa court, sufficient ang allegations
mandated by the LGC
denied ang affirmative defense. Question: daog na
ang plaintiff?
- dili pa. nga ge deny naman affirmative – If a civil case is required first to be referred in
defense. Because even if complaint the brgy and yet the plaintiff did not refer
sufficiently states a cause of action, the the case to brgy. Case will be dismissed on
plaintiff has still or required to present the ground of failure to comply with the
evidence to support evidence of his condition precedent.
complaint. Mg hearing pa mg present pa ug
documents na mgpamatuod na tinood tu – Referral to case to brgy – not a jurisdictional
iyang gi alleged sa complaint. requirement. Noncompliance therewith
cannot affect jurisdiction of court but it is a
What if during trial or presentation of evidence, the ground for dismissal. When the defendant
plaintiff fails to present sufficient evidence to support fails to raised it as an affirmative defense in
allegations in his complaint, what will happen? his answer then the same is considered
waived. Aquino v Auri feb 18 2008
- The case will be dismissed not for failure to
state a cause of action but on the ground of
lack of cause of action or insufficiency of
evidence. kani failure to state cause of 2. Exhaustion of administrative remedies
action has something to do with allegations
in the complaint. Pero kaning lack of cause
of action this has something to do to the
insufficiency of evidence presented during Doctrine of exhaustion of admin remedies
trial to support the claim.
3. a party must first avail admin processes
available before seeking courts intervention.
if the plaintiff can avail relief before admin
2. Failure to state cause of action can be raised body, he shall avail first of such admin
at the earliest stage of the proceedings by remedy. Otherwise, if he fails to avail or
filing an answer with affirmative defense exhaust such admin remedy, then the case
while dismissal for lack of cause of action or would be dismissed on the ground of non-
failure to prove a cause of action may be compliance with the condition precedent.
raised at any time after the plaintiff has Considered waived if not raised in
presented his evidence. santos v. gran oct 8 affirmative defense same sa referral to brgy.
2014
If the court orders or rules that the complaint fails to

state a cause of action as raised in the affirmative Doctrine of primary jurisdiction
defense of the defendant, does it mean that plaintiff
- The court will not resolve a controversy in
wins the case?
which the jurisdiction is within the admin
- NO. According to SC: mere allegations are tribunal when the question demands the
not proof they should be supported with sound discretion requiring special
evidence. ramos v Obispo feb 27, 2013 knowledge or service of such tribunal.
- If ang J toa sa admin body then adto nimo I

file otherwise case will be dismissed on the
CONDITION PRECEDENT HAS NOT BEEN COMPLIED ground of failure to comply with the
WITH condition precedent. Addition hills
mandaluyong social and civic organization
vs megaworld properties april 18 2012
- Doctrine of primary jurisdiction refers to considered as a condition precedent. Moreno vs

competence of court to take cognizance of khan
the case at first instance. Unlike the doctrine
of exhaustion of admin remedies it cannot Rationale: wisdom behind the provision is to
be waived because ang jurisdiction man maintain the sacred ties among members of the
gud ani tua sa admin body. Wala ka ddto same family because it is difficult to imagine a tragic
mipunta ni diretso ka sa court nga dapat spectacle than a litigation between members of the
adto ka first sa admin body. same family. It is necessary every effort should made
towards a compromise before the litigation should
- According to SC, it cannot be waived. breed hate and passion in the family and it is known
However, just like lack of jurisdiction over that lawsuits between close relatives generates
subject matter. If the issue of jurisdiction deeper bitterness than between strangers.
which belongs to admin body would not be
raised by defendant at an opportune time - It is not jurisdictional if not raised in the answer
may bar the defendant from raising such as an affirmative defense but it is deemed
issue on the ground of estoppel by laches. waived.
republic v gallo jan 17 2018
It does not apply if a stranger is a party to the suit
- All proceedings of court in violation of and it does not apply to special proceeding like:
doctrine of primary jurisdiction as well as the
Petition for settlement of estate
orders and decisions rendered by court
would become null and void. province of Guardianship
aklan v. judi king dev construction nov 27
2013 Habeas corpus Manalo vs Ca Jan 16, 2001
- pero if di e raise sa defendant ang maong It does not apply also to:
defense, he may be barred from raising such
defense on the ground of laches. civil status of perons
validiy of marriage
3. Failure to exert earnest efforts towards a legal separation

compromise agreement when the case
entirely involves members of the family future support
pursuant to art 151 of Fam Code.
Jurisdiction of courts
future legitime
- Earnest efforts towards compromise
agreement involving members of same
family. noncompliance with this requirement one case, there was no record that there is effort
is not a jurisdictional effect but would be towards compromise agreement but the case was
considered waived if not raised as an referred to the barangay.
affirmative defense .Moreno vs khan July 30,
2018 SC: that was substantial compliance with art 151 of
fam code Martinez vs Martinez june 3 2005
- Court cannot motu proprio dismiss a case on
this ground
For art 151 to apply, the case must be exclusively LITIS PENDENTIA
between or among members of the family. Civil
code: includes a case H and W, parent child, - Presupposes 2 or more cases is filed involving
ascendant-descendant, brothers-sisters or among same cause of actions.
siblings. Kanang sila2x ra jud ang ng kinihaay
Requisites:
Bec acc to SC: once a stranger becomes a party to
such case, earnest effort requirement is no longer 1. identity of parties in 2 cases

2. substantial identity of the causes of action. but substantial the same parties, there is litis
1st and 2nd case same. pendentia even if there is only substantial identity of
parties. Villarica pawnshop vs hernaldi march 20
3. Identity between 2 actions should be that 2009
any judgment may be rendered in 1 case
regardless of which any party is successful
would amount to res judicata. if kinsa
modaog sa bsan asa na kaso, would create -----------------BREAK-----------------
res judicata of either case. Zamora v Kinan
nov 29 2017
RES JUDICATA
res judicata – to be validly raised. related to litis

One case:
pendentia (2 or more cases filed)
1st case: Debtor is at the same time mortgagor. ni file
Elements:
kaso batok sa iya giutangan. Annulment of real
estate mortgage. 1. Former judgment or order must be final.
There is already a final judgment or order
2nd case: Later, the bank filed a case for judicial
foreclosure against debtor. Debtor filed motion to 2. The order or judgment must have been
dismiss on the ground of litis pendentia. He argued rendered by court having jurisdiction over
that if he wins, there is nothing to foreclose. subject matter and over the parties
Is the motion meritorious? 3. It must be a judgment on the merits.
- Not meritorious, bec it is not litis pendentia. If
M would lose in the first case, the mortgagee
can foreclose the property. The last element How can an order of the court be considered a
is absent. (regardless if who wins in the first judgment on the merits?
case would result to the other case)
tambunting vs ong aug 11 1950 Example of an order equivalent to a judgment on
the merits is an order of dismissal due to non-
appearance of the plaintiff during pre trial. despite
notice, the plaintiff did not appear. reset the case
One case, P file recovery of ownership and until the plaintiff will appear?
possession of parcel of land over D. later on, D file
for quieting of title against P over the same lot. so P - No. if the plaintiff does not appear without
filed motion to dismiss on ground of litis pendentia. notice, court will have to dismiss the case
and the order of dismissal will be a dismissal
Is the motion meritorious? Is there litis pendentia? on the merits.
- YES NAA. if mo daog si P sa first case, Unsa nang order of the merits?
necessarily kato kaso ni D ma dismiss. if
pananglitan mmapildi sa first case-recovery - isipon naa nay presentation of evidence
case so modaug si D sa 2nd case pod- such that plaintiff could no long refile the
quieting of title (regardless if whoever wins in case because of res judicata.
the 1st case would create a res judicata in
the 2nd case) Francisco vs Blas 93 phil 1
- Kaning identity of the parties does not mean 4. There must be between the 1st and the 2nd
total identity of the parties in both cases, case, identity of parties, subject matter and
substantial identity would be enough. causes of action the same. just like in LP, it is
not required that there is complete identity
Ex: pirmiro ge kiha ni P si D,unya c P ni file sha lain of the parties. Substantial identify of the
kaso involving same cause of action pero ge parties will be sufficient. The same with
pakapinan sa asawa. D and W. di naka makaingun identity of the subject matter would be
nga the same parties kay duna may napuno c W

sufficient and identity of the causes of and resolve them within 30 days calendar from
action. Cruz v Tolentino april 18 2018 termination of the hearing.
GR: Failure to raise affirmative defenses at earliest

opportunity shall constitute a waiver thereof.
Under sec 12E rule 8, affirmative defense if denied,
EXC: What are those 4 grounds not considered shall not be subject for MR, pet for certiorari,
waived? prohibition or mandamus but same matters may be
raised on appeal after judgment on the merits.
- lack of jurisdiction over the subject matter
What if ang ni raise ug affirmative defense of niraise
- litis pendentia improper venue, ge deny sa court ang affirmative
defense. What is the remedy of defendant?
- res judicata
– iya buhaton go to trial present evidence and
- prescription
if decision of court is adverse, he should raise
as ground or error of trial court of the denial
of his affirmative defense.
TN: these 4 grounds, aside from the fact that they
are not deemed waived. Any of these 4 affirmative – He cannot file MR or petition for certiorari
defenses could be a ground for court to dismiss prohibition mandamus.
motu proprio if any of these grounds is apparent or
– Denial of affirmative defense – remedy? go
clear in the allegations in the pleading or evidence
to trial, present evidence. if adverse, file
on record. Mentioned in sec 1, rule 9. COA vs
appeal. During appeal, assign as one of the
Wallem Phil Shipping. July 11, 2012.
error the denial of his affirmative defense.
When affirmative defenses mentioned in sec 12A,
– Moo ra gihapon mu raise cya as affirmative
rule 8, if any of those affirmative defenses is raised in
defense sa PAYMENT, deny so go to trial,
the answer, the court has to resolve the affirmative
present evidence. if adverse, file appeal.
defense within 30 days.
During appeal, assign as one of the error the
Kanag gi pang mention nko na gi list sa sec 12, mga denial of his affirmative defense.
ground na cya sa motion to dismiss karun wala nmn
– Same in res judicata.
motion to dismiss pede na cya I raise as affirmative
defense. If e raise gani as affirmative defense, there
is no court to set for hearing. The court shall motu
proprio resolve the affirmative defense within 30 pananglitan ge grant ang affirmative defense,
days. No need of comment. dismissal without prejudice lack of jurisdiction,
improper venue, ang remedy sa plaintiff – refile the
As regards to other affirmative defenses mentioned case. di japon tu available sa plaintiff ang MR,
in the first paragraph sec 5b rule 6, the court may petitions for certiorari, prohibition mandamus. sec
conduct summary hearing within 15 calendar days 12, rule 15.
from filing of the answer. so pwede nga discretion
na sa court nga mo conduct ug hearing and such MR is a prohibited motion.
will be resolved within 30 calendar days from the
termination of the hearing. What if gi grant ang affirmative defense? Unsay
remedy sa plaintiff? Ikaw atty sa plaintiff, nya ang
Summary: defense nag raise as an affirmative defense on the
ground of improper venue. It is granted by the court
Kato affirmative defense nga gi mention sa sec 12 so what is your remedy?
par , the court has to resolve them motu proprio
without requiring the adverse party to comment – If the dismissal is without prejudice such such
and without setting case for hearing on said improper venue or lack of J of SM-the
affirmative defense. remedy is to refile the case
In sec 5b rule 6, the has the discretion to conduct a – Dili ghapon available sa plaintiff ang pet for
hearing within 15 calendar days from the answer certiorari

– Bsan unsay ruling sa court, MR is prohibited

as well as the filing of CPM sec 12 rule 15.
– Motion for reconsideration of the court’s

action on affirmative defenses are What if ang affirmative defense of the defendant
prohibited motion. would prevent the refiling of the case, example res
judicata. Unsaon mana nga di man na pwede nga
Rule 15 Section 12. Prohibited motions. — The e refile? Kay if i-refile res judicata ghapon.
following motions shall not be allowed:
– Remedy: APPEAL
(a) Motion to dismiss except on the following
grounds: Same with prescription. If the corut grant the aff
defense of prescription. Remedy?
1) That the court has no jurisdiction
over the subject matter of the claim; – remedy is appeal.
2) That there is another action same with litis pendentia.

pending between the same parties
– Remedy is appeal
for the same cause; and
if pananglitan ground sa dismissal is lack of
3) That the cause of action is barred
jurisdiction over the subject matter bec the case
by a prior judgment or by the statute
was filed in RTC instead of MTC. Remedy?]
of limitations;
– Remedy is to refile case. Not appeal.
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court's

action on the affirmative defenses; Suppose the defendant has 2 or more defenses, ex:
modeny na obtain ni loan.” The defendant denies
(d) Motion to suspend proceedings without
the allegations in paragraph 2 that she obtain a
a temporary restraining order or injunction
loan. Ug muingon sd cya na“Assuming it is true that
issued by a higher court;
he has obtained a loan from plaintiff, the same has
(e) Motion for extension of time to file already prescribed” mao ni alternative defense.
pleadings, affidavits or any other papers, pwede niya e allege sa answer. Same rapud ang
except a motion for extension to file an rule na ang plaintiff if naa sha alternative causes of
answer as provided by Section 11, Rule 11; action, pwede pud sha e allege together sa
and complaint. Rule 8, sec 2.
(f) Motion for postponement intended for Rule 8 Section 2. Alternative causes of action or
delay, except if it is based on acts of defenses. — A party may set forth two or more
God, force majeure or physical inability of statements of a claim or defense alternatively or
the witness to appear and testify. If the hypothetically, either in one cause of action or
motion is granted based on such exceptions, defense or in separate causes of action or defenses.
the moving party shall be warned that the When two or more statements are made in the
presentation of its evidence must still be alternative and one of them if made independently
terminated on the dates previously agreed would be sufficient, the pleading is not made
upon. insufficient by the insufficiency of one or more of the
alternative statements.
A motion for postponement, whether written or oral,
shall, at all times, be accompanied by the original
official receipt from the office of the clerk of court
evidencing payment of the postponement fee Section 6. Counterclaim. — A counterclaim is any
under Section 21(b), Rule 141, to be submitted either claim which a defending party may have against
at the time of the filing of said motion or not later an opposing party. (6a)
than the next hearing date. The clerk of court shall
- ang plaintiff nikiha cya sa defendant, duna
not accept the motion unless accompanied by the
original receipt. cyay counterclaim, naa sha baws na claim

- Counterclaim actually is a separate claim 1. it must be cognizable by regular courts
- Nature of a cross complaint, a distinct and gikiha ang defendant ug sum of money pero
independent cause of action which duna cyay counterclaim na illegal dismissal,
although allege in the answer, but not part di na pede kay labor mana. Di na cya
of the answer. Even if the complaint would mahimong compulsory counterclaim
be dismissed, the defendant counterclaim
may continue padillia vs globe Asiatic corp 2. arises out of or is connected with the
aug 6 2014 transaction constituting the subject matter of
the opposing party’s claim
- Considered separate case incorporated in
the answer. 3. does not require for each adjudication the
presence of 3rd parties of whom the court
- The defendant will become the plaintiff in cannot require jurisdiction
the counterclaim
4. within the jurisdiction of the court as to the
- Ang plaintfif mukiha sa defendant sa iyang amount and nature
tubag mi incorporate ug counterclaim
which is separate na gi joined sa answer Example: collection case of 2M-MTC jurisdiction.
such that the moment the counterclaim is Defendant’s counterclaim kay tungod ani imong
dismissed, the counterclaim may survived. kaso, naka gasto sa abogado ug sleepless nights
tanan moabot ug 3M. Amount of counterclaim is
- Since a counterclaim as separate case, it will beyond jurisdiction of MTC therefore cannot be
continue even if dismissed on defendant’s considered compulsory counterclaim, a separate
own motion. case has to be filed. Nature of the amount.
2 kinds of counterclaim: REMEMBER (except sa RTC kay regardless of the amount)
compulsory Ex: Plaintiff file ug collection case 4M. ang

defendant mi raise ug counterclaim na 1M MTC na.
permissive should the counterclaim be dismissed on the ground
that the RTC has no jurisdiction?
- No, because the RTC has jurisdiction

Compulsory Counterclaim
regardless of the amount of the
keyword: logical connection to the main action. counterclaim
logical connection or relation. related sa main
action, that may be a compulsory. (naa pay lain
requisites pero moo ni ang pinaka important) What is COMPULSORY COUNTERCLAIM?
Section 7. Compulsory counterclaim. — A - Any claim for money or relief which the
compulsory counterclaim is one which, being defendant may have against the opposing
cognizable by the regular courts of justice, arises out party which at the time of suit arises out of or
of or is connected with the transaction or necessarily connected with or same
occurrence constituting the subject matter of the transaction or occurrence that is the subject
opposing party's claim and does not require for its matter of the plaintiff’s complaint.
adjudication the presence of third parties of whom
the court cannot acquire jurisdiction. Such a Why is it compulsory?
counterclaim must be within the jurisdiction of the
court both as to the amount and the nature thereof, - Because it is within jurisdiction of court, does
except that in an original action before the Regional not require presence 3rd parties over which
Trial Court, the counterclaim may be considered the court cannot acquire jurisdiction and
compulsory regardless of the amount. A compulsory most of all it will be barred if not raised in the
counterclaim not raised in the same action is barred, answer to the complaint in the same case.
unless otherwise allowed by these Rules.
- any other claim in which the requisites
mentioned are not present, it is PERMISSIVE
Requisites:
COUNTERCLAIM. Bongcayao vs Forth
Elocandia Prop Holdings and Dev Corp April Ex: P filed collection case in the amount of 1M
19 2010 towards D, nya si D niraise ug counterclaim in the
amount of 2M for the unpaid parcel of land of P.
What king of counterclaim is that?
- Permissive bec that claim has no relation to

The compelling test of compulsoriness characterizes subject matter of the case filed by Mr. P.
a counterclaim as compulsory if there exists a logical
relation between the main claim and counterclaim.
There is an existing relationship between them when
conducting separate trial of the respective claims of
the parties would entail substantial duplication of
What are the distinctions between PERMISSIVE AND
effort and time by the parties in the court when the
COMPULSORY COUNTERCLAIM?
multiple claims involves factual and legal issues or
when the claim involves basic controversy between  Compulsory C does not require payment
the parties Bongcayao vs Forth Elocandia Prop of docket fees WHILE Permissive C
Holdings and Dev Corp April 19 2010 requires that docket fees have to be
paid otherwise it will be dismissed
bongcayao v fort ilocandia property
Example of compulsory counterclaim: holdings
Plaintiff kiha ug collection of sum of money.  Compulsory C which is not included in

mauwawan man ang defendant so defendant the answer shall be considered waived
specifically denied that he obtained loan from or barred. WHEREAS a Permissive C
plaintiff as counterclaim” his reputation is counterclaim is not deemed waived if
besmirched and he suffered sleepless nights in not raised in the answer.
which he is entitled to moral damages in the amount
 Compulsory C is not considered an
of 500K and he was compelled to secure the
initiatory pleading so certification
services of a lawyer to which he paid 100K
against forum shopping is not required
acceptance fee and 5K per court appearance.
while Permissive C is an initiatory
Unsay tawag ana mga claims?
pleading and requires certification
- It is compulsory counterclaim bec it is against forum shopping.
connected or related to the main case Poe
 Compulsory C need not be answered
vs Bautista march 17 1981.
worsister vs lorenzana 104 phil 234 while
Another example: Permissive C has to be answered
otherwise the plaintiff who becomes the
si P gebangaan iya car. nagdrive si P nya defendant may be declared in default.
gebangaan ni D. gefile-an si D ug damages based
on torts. Damage of his car value is estimated to be TN: compulsory counterclaim not set up in the
500,000. In his answer, D claims that it was P who was answer shall be barred pursuant to sec 2 rule 9.
negligent and claims that his car was damaged and
sustained damage worth 1M. kana ge ingon ni D na Section 8. Cross-claim. — A cross-claim is any claim
ni suffer sha damages in the amount of 1M because by one party against a co-party arising out of the
of the incident and it was P who was negligent. transaction or occurrence that is the subject matter
either of the original action or of a counterclaim
What kind of counterclaim? therein. Such cross-claim may cover all or part of the
original claim.
- Compulsory because it is related to the
subject matter of the first case. Example:
If the counterclaim raised by the defendant is not claim sa kauban – P filed a collection against D and
related to the the subject matter of the case filed by E who are solidary debtors. Although D and E are
the plaintiff, that is permissive counterclaim solidary, it was only B who benefited from the loan.
comaker ra sa si E in his answer, E may raise cross
claim against codefendant D. E may ask court to wishes to interpose any claims arising out of the new
require B to reimburse him whatever amount he may matters so alleged, such claims shall be set forth in
pay to P when ordered by the court. So it must be an amended or supplemental complaint. However,
related. the plaintiff may file a reply only if the defending
party attaches an actionable document to his or her
P ni kiha ni D ug E. pero si D ra naka benefit sa loan. answer.
ge filean kaso sa bangko. si E mo raise sa answer
with cross claim against codefendant D. nya iya P: complaint
ingnon nga if pugson pabayad, ask court whatever
amount he may pay, D will be ordered to reimburse D: answer
him.
P: Reply
Pede ba muingon si P na si D pabayrun kay duna
puy utang si D sa auto na giutang pwede ma raise Reply – pleading to be filed by the plaintiff.
as crossclaim against D?
Para unsa? The purpose of reply?
- No. the recovery purchase price of car does
- in order to rebutt the defenses (negative or
not arise out of the same transaction in the
affirmative) of the defendant.
subject matter of the complaint. cross claim
must be related. Kanang reply lahi na cya sa answer to counterclaim
kay diba ang defendant pede mn sa iyang answer
mo incorporate sa counterclaim (compulsory or
What is the distinction between a CROSS CLAIM AND permissive). Ang responsive pleading ana is called
COUNTERCLAIM? ANSWER to COUNTERCLAIM.
 Cross-claim is raised as codefendant. Kana reply that is the responsive pleading to the
Counterclaim is raised as plaintiff defense raised by the defendant.
 Cross-claim always arises out of the same Under the present rule, plaintiff is allowed only to file
transaction that is the subject matter of a reply, only when the defendant attaches an
complaint while a counterclaim may arise actionable document.
out of the same transaction that is the
Reply is only allowed if defendant attaches answer
subject matter of complaint
to an actionable document. if no actionable
TN: a cross-claim just like a counterclaim- is barred if document attached, reply is not allowed. What will
not raised in the answer pursuant sec 2, rule 9. happen to the allegations raised by the defendant?
if ni raise ug improper venue? Mu rasie ug
Section 9. Counter-counterclaims and counter- prescription? Unsay mahitabo?
crossclaims. — A counter-claim may be asserted
- these defenses are deemed controverted.
against an original counter-claimant.
di na kailangan tubagon isipon na ge
A cross-claim may also be filed against an original controvert sa plaintiff. necessary or allowed
cross-claimant. (n) ang pg file ug reply if naa actionable
document.
- Kung si E mo crossclaim ngadto ni D, pwede
pud mo crossclaim ni E. countercrossclaim.
- Defendant files counterclaim against Ibutang nato na naay answer with actionable
plaintiff. plaintiff ig file sa answer to document, the defendant raises the affirmative
counterclaim pwede pud sha sa iya answer defense of payment so gi attached nya ang
mo file counterclaim against defendant. receipt, the plaintiff has to file a reply to controvert
Counter to the counterclaim. the receipt if not true otherwise deemed admitted.
Unsay tubag sa reply, the defendant may file a

rejoinder but it Is only allowed if the plaintiff
Section 10. Reply. — All new matters alleged in the attached an actionable document, if none,
answer are deemed controverted. If the plaintiff rejoinder is not allowed.

- in case ikaw pabayron jod kay ikaw

registered owner, ask the court that A will be
Unsay responsive pleading sa counterclaim? required to pay whatever amount you are
going to pay to plaintiff.
- Answer to the counterclaim
If the plaintiff gnahan mu file ug reply gnahan sd mu

file ug counterclaim, usahon raka pleading –reply Unsay remedy ni A?
with answer to counterclaim.
- file a 4th party complaint and answer.
- Motion for leave to file a 4th party complaint

Section 11. Third, (fourth, etc.)-party complaint. — A
third (fourth, etc.)-party complaint is a claim that a
defending party may, with leave of court, file
against a person not a party to the action, called Unsay remedy ni B?
the third (fourth, etc.)-party defendant for
- If pabayron, file 5th party complaint against
contribution, indemnity, subrogation or any other
C.
relief, in respect of his opponent's claim.
What is the purpose of allowing the filing of 3rd party
sec 11, 3rd party complaint complaint etc?
- claim that a defending party may file - prevent multiplicity of suits. Purpose is
against a person not a party to the action subrogation, contribution, indemnification.
but the same requires prior leave of court
The bringing of 3rd party defendant is proper if the
Purpose of filing? latter would be liable to the plaintiff or to the
defendant or both or part of the plaintiff’s claim
- indemnity, subrogation, any other relief with
against the original defendant. Although the 3 rd
respect to plaintiffs complaint.
party’s defendants liability arises out of another
transaction. maranan vs manila banking corp
march 30 2007
example:
3rd party complaint is independent, separate, and
naa kay sakyanan. imo ge baliya imo sakyanan ni distinct from plaintiff’s complaint. Were it not for this
A. kana registration sa car rehistrado sa imo name. provision, it would have been to be filed
di man na dali ma transfer. suppose ni pirma deed independently and separately from the original
of sale, so si A nga ga drive2. later on, na purdoy si complaint by the defendant against the 3rd party
A. imo sakyanan iya ge baliya ni B. B after several but the rules allows defendant to bring a 3 rd party
motnhs ge baligya si C. pero title nagpabilin imoha. defendant to litigate his separate cause of action in
nakaligis si C hit and run. nakuha plate number. respect in the plaintiff’s claim against the the 3 rd
kinsay e kiha? ikaw e kiha sa pedestrian na naligsan. party in the original and principal case avoiding
so P vs O. unsay remedy? circuit of actions and unnecessary plorification suits.
Saludaga vs Far eastern university april 2008/
- file answer to the complaint. tubagon kay cardiente vs macas nov 14 2008
ikaw ga kiha nya at the same time ask or file
for motion for permission of leave to file a 3 rd dihay kaso nga si X sakay passenger jeepney owned
party complaint. by Y. jeepney while travelling, it was bumped by a
truck owned by A. so X was injured. X filed case for
kinsa imo e kiha? nga wa ka kahibaw kinsa gakupot damages against Y based on breach of contract of
sa sakyanan? carriage. Y in turn field 3rd party complaint against A
based on torts. The court absolved Y and dismissed
- imo e kiha si A nakaplalit sa imo auto. 3 rd
the case which was filed against him by X. the court
party complaint.
ruled and held that A is liable. kato wa ge kiha ni X
Nganu file-an nmo ug 3rd party complaint? ang 3rd party defendant moo gi bayad sa court.

May the 3rd party defendant be held liable to the A: Yes. GR: defendant cannot by a counterclaim
original plaintiff? bring into action any claim against persons other the
plaintiff admits of exception. Provided by sec 12, rule
A: yes. 3rd party defendant may be held directly 6. sapugay v ca march 21 1990
liable to the original plaintiff. A person not party to
the action may be impleaded by defendant either Rule 6 Section 12. Bringing new parties. — When the
on an allegation of liability to the latter or on the presence of parties other than those to the original
ground direct liability to the plaintiff or both samala action is required for the granting of complete relief
v victor feb 21 1989 and philtranco services vs trust in the determination of a counterclaim or cross-
april 25 2012 claim, the court shall order them to be brought in as
defendants, if jurisdiction over them can be
obtained.
Within how many day should a 3rd party complaint Section 13. Answer to third (fourth, etc.)—party
be answered? complaint. — A third (fourth, etc.) — party
defendant may allege in his answer his defenses,
- 30 days
counterclaims or cross-claims, including such
Pede ba ma declare in default if di maka answer? defenses that the third (fourth, etc.) — party plaintiff
may have against the original plaintiff's claim. In
- Yes, a 3rd party defendant may be declared proper cases, he may also assert a counterclaim
in default rule 11sec 12. against the original plaintiff in respect of the latter's
claim against the third-party plaintiff. (n)
3rd party complaint is merely ancillary to the main
action. Therefore, it has to yield or submit to the answer to 3rd party complaint = same ras answer to
venue or jurisdiction of the main action. Eastern the original complaint
Assurance and Surety Corp vs Uy July 20 1981
RULE 7
If the defendant filed a 3rd party complaint against
a stranger? (Ang 3rd party defendant-stranger ni cya Parts of a Pleading
ha sa kaso). What is the remedy if motion to implead
3rd party defendant is denied.? Section 1. Caption. — The caption sets forth the
name of the court, the title of the action, and the
- Remedy is appeal. de dios vs balagot aug docket number if assigned.
1967
The title of the action indicates the names of the
parties. They shall all be named in the original
complaint or petition; but in subsequent pleadings,
Section 12. Bringing new parties. — When the it shall be sufficient if the name of the first party on
presence of parties other than those to the original each side be stated with an appropriate indication
action is required for the granting of complete relief when there are other parties.
in the determination of a counterclaim or cross-
claim, the court shall order them to be brought in as Their respective participation in the case shall be
defendants, if jurisdiction over them can be indicated. (1a, 2a)
obtained.
Title-all the parties shall be named in the complaint.
sec 12 – shortcut 3rd party complaint.
Ex:
Plaintiff: ABCDEFG
P, the plaintiff is a corp ,filed for replevin with
damages against defendant. defendant filed an Defendant: AA BB CC DD EE
action with counterclaim and its manager who is not
Pero sa succeeding pleading pede na “et al”
a party to the case. Was the inclusion of the
manager proper? Ex: plaintiff A B C et al

Section 2. The body. — The body of the pleading Ex: title is ejectment but the allegations connotes
sets fourth its designation, the allegations of the collection of sum of money
party's claims or defenses, the relief prayed for, and
the date of the pleading. (n) It is not the title but the allegations of the complaint
would govern. Torres v arwego sept 20 217
(a) Paragraphs. — The allegations in the
(d) Date. — Every pleading shall be dated.
body of a pleading shall be divided into
(n)
paragraphs so numbered to be readily
identified, each of which shall contain a
Section 3. Signature and address. — (a) Every
statement of a single set of circumstances so
pleading and other written submissions to the court
far as that can be done with convenience.
must be signed by the party or counsel representing
A paragraph may be referred to by its
him or her.
number in all succeeding pleadings. (3a)
(b) Headings. — When two or more causes (b) The signature of counsel constitutes a
of action are joined the statement of the first certificate by him or her that he or she has
shall be prefaced by the words "first cause of read the pleading and document; that to
action,'' of the second by "second cause of the best of his or her knowledge,
action", and so on for the others. information, and belief, formed after an
inquiry reasonable under the circumstances:
When one or more paragraphs in the answer
are addressed to one of several causes of (1) It is not being presented for any improper
action in the complaint, they shall be purpose, such as to harass, cause
prefaced by the words "answer to the first unnecessary delay, or needlessly increase
cause of action" or "answer to the second the cost of litigation;
cause of action" and so on; and when one
(2) The claims, defenses, and other legal
or more paragraphs of the answer are
contentions are warranted by existing law or
addressed to several causes of action, they
jurisprudence, or by a non-frivolous
shall be prefaced by words to that effect. (4)
argument for extending, modifying, or
reversing existing jurisprudence;
(b) Relief. — The pleading shall specify the relief
sought, but it may add a general prayer for such (3) The factual contentions have evidentiary
further or other relief as may be deemed just or support or, if specifically so identified, will
equitable. (3a, R6) likely have evidentiary support after
availment of the modes of discovery under
“Ordering the defendant to pay 1M”
these rules; and
(4) The denials of factual contentions are

Why is it important? warranted on the evidence or, if specifically
so identified, are reasonably based on belief
- bec the court cannot grant a relief not or a lack of information.
prayed for or in exceeds of what is being
asked by the party to a case. What is the effect if mamakak ang atty?
- Due process consideration justifies this - Disciplinary action

requirement.
(c) If the court determines, on motion
- It is improper to enter/issue an order exceeds or motu proprio and after notice and
the relief prayed for in the pleading, absent hearing, that this rule has been violated, it
notice which gives the opposing party to be may impose an appropriate sanction or refer
heard with respect to the proposed relief. such violation to the proper office for
Gaphne vs butler nov 8 2017 disciplinary action, on any attorney, law firm,
or party that violated the rule, or is
It is not the caption: responsible for the violation. Absent
exceptional circumstances, a law firm shall
be held jointly and severally liable for a
violation committed by its partner, associate, A pleading required to be verified that contains a
or employee. The sanction may include, but verification based on "information and belief," or
not limited to, non-monetary directives or upon "knowledge, information and belief," or lacks a
sanctions; an order to pay a penalty in court; proper verification, shall be treated as an unsigned
or, if imposed on motion and warranted for pleading.
effective deterrence, an order directing
payment to the movant of part or all of the Di pede belief it must be based on personal
reasonable attorney's fees and other knowledge or authentic documents that the
expenses directly resulting from the violation, pleading is not filed to harass , delay or increase the
including attorney's fees for the filing of cost of litigation.
motion for sanction. The lawyer or law firm
cannot pass on the monetary penalty to the Kaning defective V is not considered fatal bec the
client. ruels ollaws amendment. But rmmber dili tnaan
pleading need I verified, only those required by the
ruled. Pero mas maau na verified arun maka ingun
ang client na iyaha/hinimo ras abogado.
Important ang signature sa counsel kay if wala
pirmahi that is considered as unsigned pleading and What do you mean by uthentic documents?
it has no effect.
Ex: bank, lain ang manager na ng pa pirma sa PN sa
Aside sa signature, ang pleading dapat butangan nangutang, pg file sa kaso ni retire na ang former
ug roll of atty’s no. /PTR receipt/ MCLE compliance manager. Pede ba maka verify ang current
maanger maka verify? Yes not based on personal
Sauna, failure to indicate the MCLE cert- cause knowledge but based on authentic records hun
dismissal pero karun dili na subject nalang to yong park vs yo won choi feb 12 2007
disciplinary action PP vs arwado nov 9 2015
Section 4. Verification. — Except when otherwise

specifically required by law or rule, pleadings need
not be under oath or verified.
A pleading is verified by an affidavit of an affiant

duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a
party, whether in the form of a secretary's certificate
or a special power of attorney, should be attached
to the pleading, and shall allege the following
attestations:
(a) The allegations in the pleading are true

and correct based on his personal
knowledge, or based on authentic
documents;
(b) The pleading is not filed to harass, cause

unnecessary delay, or needlessly increase
the cost of litigation; and
(c) The factual allegations therein have

evidentiary support or, if specifically so
identified, will likewise have evidentiary
support after a reasonable opportunity for
discovery.
The signature of the affiant shall further serve as a

certification of the truthfulness of the allegations in
the pleading.
September 26, 2021 The lawyer or law firm cannot pass on the monetary
penalty to the client.
Choy
Every pleading and submissions to the court must be
RULE 7 signed by the party if he has no counsel. If he has a
counsel, then the same should be sign by his
Parts of a Pleading
counsel.
Section 3. Signature and address. — (a) Every
pleading and other written submissions to the court
must be signed by the party or counsel representing What is the significance of the signature of the
him or her. lawyer?
(b) The signature of counsel constitutes a certificate Ig pirma ana nya ana iyang pleading, for example
by him or her that he or she has read the complaint or answer, nakataya iyang ngan.
pleading and document; that to the best of his or Nakataya iyang pagka abogado. Kay kung mo
her knowledge, information, and belief, formed violate sya sa gipangsulti aning maong section, the
after an inquiry reasonable under the same could be ground for disciplinary action.
circumstances:
(1) It is not being presented for any improper What does the signature of the lawyer signify?
purpose, such as to harass, cause
unnecessary delay, or needlessly increase Under this section, once the lawyer affix his signature
the cost of litigation; on the pleading or in the complaint, the lawyer gives
the assurance that such pleading is meritorious.
(2) The claims, defenses, and other legal
contentions are warranted by existing law or -he gives an assurance that the pleading he signed
jurisprudence, or by a non-frivolous is meritorious, be it a complaint or an answer.
argument for extending, modifying, or For an instance, he gives an assurance that it is not
reversing existing jurisprudence; intended to harass, cause unnecessary delay.
(3) The factual contentions have evidentiary -file a petition for certiorari, kinahanglan ang PfC kay
support or, if specifically so identified, will meritorious, that it is not intended to unnecessary
likely have evidentiary support after delay, or needlessly increase the cause of litigation
availment of the modes of discovery under (dili lang gyud na iyaha pangwarta- file ug certiorari
these rules; and aron lang gyud naa nasay additional collection)
(4) The denials of factual contentions are And the allegations therein are supported by
warranted on the evidence or, if specifically evidence and law, or legal..
so identified, are reasonably based on belief
or a lack of information.
Take note these assurances na gipanglista. (What is
(c) If the court determines, on motion or motu the importance of the signature of a lawyer in a
proprio and after notice and hearing, that this rule pleading? What are his or her assurances?)
has been violated, it may impose an appropriate
sanction or refer such violation to the proper office
for disciplinary action, on any attorney, law firm, or Violation of this section would constitute or is a
party that violated the rule, or is responsible for the ground for disciplinary action.
violation. Absent exceptional circumstances, a law
firm shall be held jointly and severally liable for a  The law firm (partnership ba sya or what) will be
violation committed by its partner, associate, or held jointly and severally liable for the violation
employee. The sanction may include, but not limited committed by its partner, associate, or
to, non-monetary directives or sanctions; an order to employee.
pay a penalty in court; or, if imposed on motion and  The lawyer who is found guilty cannot pass on
warranted for effective deterrence, an order the monetary liability to the client. (Dili sya
directing payment to the movant of part or all of the pwede mo ingon ikaw bayad ani. Sya jud mu
reasonable attorney's fees and other expenses kuot/mubayad sa iyahang kaugalingong bulsa.)
directly resulting from the violation, including
attorney's fees for the filing of motion for sanction.

Aside from his signature and address, the lawyer proper verification, shall be treated as an unsigned
should also indicate in his pleadings or motions his pleading.
Roll of Attorneys Number, IBP Receipt Number, PTR
Number (if you’re a private practitioner, you are What is a verification?
required to pay/secure a Professional Tax Receipt), It is an affidavit or statement under oath executed
MCLE Number Compliance (you are required to by a party or his or her authorized representative,
attend the Mandatory Continuing Legal Education, stating among others (Gipang sulti sa Section 4 mao
every 3 years- judges are exempt from attending na ang naa sa verification)
MCLE)
 that the allegations in the pleading are true and
correct based on his personal knowledge, or
 Before, strikto kaayo ang walay MCLE based on authentic documents;
Certificate, ma dismiss ang case but the SC (Affidavit na sya na nabasa jud na niya, gawas
realized nganungn ang client mao may silotan na nabasa niya, nakasabot siya sa iyang gibasa,
(di dawaton ang pleading/idismiss), but should and tanan gipangnulti diha tinuod)
be the lawyer. That’s why now, failure to put the
Remember: Not all pleadings are required to be
MCLE Number Certificate in the pleading, the
verified, only those expressly provided by the
lawyer can be subjected to disciplinary action
rules of court or law to be verified.
but the pleading shall be admitted by the court.
People vs Arrojado, November 9, 2015 (citing En
Banc Resolution dated January 14, 2014)
Examples:
Complaint with prayer for provisional remedies
Section 4. Verification. — Except when otherwise (Preliminary Attachment, Preliminary Injunction)
specifically required by law or rule, pleadings need
- once a provisional remedy is prayed for, the
not be under oath or verified.
complaint where the provisional remedy is being
A pleading is verified by an affidavit of an affiant prayed or asked, it must be verified.
duly authorized to sign said verification. The
authorization of the affiant to act on behalf of a
party, whether in the form of a secretary's certificate Special Civil Actions must be verified such as
or a special power of attorney, should be attached ejectment, petition for certiorari, petition for
to the pleading, and shall allege the following mandamus, prohibition- required to be verified
attestations: by the rules.
(a) The allegations in the pleading are true

and correct based on his personal Pleadings to be filed in cases governed by the
knowledge, or based on authentic rules of summary procedure- required to be
documents; verified.
(b) The pleading is not filed to harass, cause
unnecessary delay, or needlessly increase
the cost of litigation; and Statement of claims and the response to be
submitted by the defendant in small claims
(c) The factual allegations therein have cases- required to be verified
evidentiary support or, if specifically so
identified, will likewise have evidentiary
support after a reasonable opportunity for Wa gni balaod or provision of rules of court na
discovery. nagsugo na iverify na, it’s not required or
needed ang verification. BUT it is advantageous
The signature of the affiant shall further serve as a for lawyers, bisan pa dili required, to put
certification of the truthfulness of the allegations in
verification in their pleading.
the pleading.
A pleading required to be verified that contains a
verification based on "information and belief," or WHY? Because in a verification, nakabutang
upon "knowledge, information and belief," or lacks a dira na the client read the pleading since
nakabutang dira sa verification that “I am the
plaintiff in the above-mentioned case. That I correct, and not speculative or merely imagined,
have read all the allegations therein and all the and have been made in good faith.
allegations therein are true and correct by my
So a pleading may be verified by stating that the
own personal knowledge or based on authentic
pleaders have read the allegations in the petition or
records.”
complaint and the same are true and correct,
So incase naay mu reklamo unya, di makaingon
based either on the personal knowledge or
ang imong client na “na ako raman gung
authentic records, or both.
abogado nag buhatbuhat ana. Wa jud ko
kahibaw sa gipanulti nya dira sa maong Mahinay vs Gako (and Sorensen), November 28,
peladings.” So inshort, EXCUSED KA, so it’s better 2011
to have a verification ang answer/complaint
even if not required
Non-compliance or a defect in the verification does
not necessarily render the pleading fatally
 the veracity of the allegations in a pleading may defective. (So bisag defective ang verification or a
be affirmed based on, either the personal Defective verification does not affect the jurisdiction
knowledge of the client/litigant, or authentic of the court.) The court may order its submission or
records, OR BOTH. correction or act on the pleading if the attending
circumstances are such that strict compliance with
the rule may be dispensed with in order that the
Examples: ends of justice may be served thereby.
There are instances that you don’t know, for  In short, a defective verification can be
example in a bank, mipuli ka sa manager and corrected or can be amended.
dunay nangutang panahon atung unang manager
Sorensen vs. Mahinay, November 28, 2011
na imuhang gisundan and now, wala man
kabayad. Inyo gifile-lan ug kaso, pwede ikaw ang
mo sign sa verification in behalf sa bangko? Na wala
The verification of a pleading is only a formal and
man kay personal knowledge atu, di man ikaw ang
not a jurisdictional requirement intended to secure
maoy nagtan aw pagpangutang, wa man ka ka
the assurance that the matters alleged in a pleading
witness pag pirma? YES, based on authentic
are true and correct. Because it is merely a formal
records.
requirement, the courts may simply order the
correction or the amendment of the pleading.
Petition for certiorari, kinahanglan mana ug Fernandez vs. Villegas, August 20, 2014
verification, pwede ka na imo mang lawyer ang
moay, wa man ka katambong/attend sa hearing?
Pwede ka mu ingon nga dunay grave abuse of Section 5. Certification against forum shopping. —
discretion ang court? YES, based on authentic The plaintiff or principal party shall certify under oath
records. (not based on personal knowledge) in the complaint or other initiatory pleading asserting
a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: a) that
although pwede sad kaning duha- based on he has not theretofore commenced any action or
personal knowledge, and or based on authentic filed any claim involving the same issues in any court,
records. KAY IF NOT, defective ang verification (if tribunal or quasi-judicial agency and, to the best of
wala kay personal knowledge, and if di sad based his knowledge, no such other action or claim is
on authentic records) pending therein; (b) if there is such other pending
action or claim, a complete statement of the
present status thereof; and (c) if he should thereafter
Hun Hyung Park vs Eung Won Choy, February 12, learn that the same or similar action or claim has
2007 been filed or is pending, he shall report that fact
According to the SC, verification of pleading is not within five (5) calendar days therefrom to the court
an empty ritual bereft of any legal significance. It is wherein his aforesaid complaint or initiatory
intended to secure an assurance that the pleading has been filed.
allegations contained in the pleadings are true and The authorization of the affiant to act on behalf of a
party, whether in the form of a secretary's certificate
or a special power of attorney, should be attached It should be the plaintiff or principal party
to the pleading. (kinahanglan ang plaintiff mismo, dili pwede iyang
abogado)
Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be
What should the plaintiff certify?
cause for the dismissal of the case without prejudice,
unless otherwise provided, upon motion and after That he has not commence or filed any action
hearing. The submission of a false certification or involving the same issues in any court, or quasi-
non-compliance with any of the undertakings judicial agency, and to the best of his knowledge,
therein shall constitute indirect contempt of court, no such other action or claim is pending therein;
without prejudice to the corresponding
administrative and criminal actions. If the acts of the
party or his counsel clearly constitute willful and If there is such other pending action or claim, he
deliberate forum shopping, the same shall be must state/allege the status of said case (kung naa)
ground for summary dismissal with prejudice and
if there is such other pending action or claim, a
shall constitute direct contempt, as well as a cause
complete statement of the present status thereof
for administrative sanctions.
 Unsa mani sya? Pending appeal, pending trial
(kung naa)
How do you distinguish or what is the difference
between a DEFECTIVE verification and a DEFECTIVE
Certification Against Forum Shopping? Panlitan wa sya kahibaw, but later on nakahibaw
sya, if he should thereafter learn that the same or
similar action or claim has been filed or is pending,
What do you mean by forum shopping? Under Sec. he undertakes to report that fact within 5 days from
5, the complaint and other initiatory pleading must learning of such pending action.
contain a certification against forum shopping. Mediserv, Inc. vs CA, April 5, 2010
(NECESSARY)
The rules require that the certification should be sign

Unsa manang certification against forum shopping? by the petitioner or plaintiff or principal party himself
Or certification of non forum shopping? with respect to individual litigant.
A certification of non forum shopping is a WHY? The rationale behind this is that it’s only the
certification under oath, (pareha rani sila sa plaintiff himself who has actual knowledge of
verification na under oath gihapon) sign by the whether or not he has initiated similar actions or
plaintiff or principal party in the complaint or other proceedings in different courts or agencies.
initiatory pleading. (Take note INITIATORY PLEADING)
Panlitan ang kihante tua sa gawas/laing nasod, mu

Certification against forum shopping or certification uli lang gyud sya aron pag pirma nianang maong
of non forum shopping is a requirement only in complaint?
initiatory pleadings. (una jud na pleading na ifile)
Pwede sya mo execute ug Special Power of
Attorney, in other words, he can authorize/let
Unsa na pleading ang una jung ifile? another person sign the certification against forum
shopping on his behalf, provided that person whom
Example: Complaint or petition he authorized to sign the certification against forum
 Dili ni sya requirement sa answer as a rule, sa shopping must be specifically authorized.
mga succeeding pleadings (Kinahanglan naay SPA jud)
Otherwise, the case may be dismissed.
First, who will sign (kinsa man ang mo certifiy)?

However, the rationale does not apply where it is the
attorney-in-fact who instituted the action. (Di ni sya

mo apply kung ang plaintiff mismo maoy mo pirma 1. The Chairman/ Chairperson of the Board of
kung duna syay gisugo and duly authorized. Directors
2. The President of the corporation
There’s a case where his SPA (specific acts/ ispecify 3. The General Manager or the Acting (General)
jud) mentioned what case will be filed but did not Manager
mention what document should be signed.
- GENERAL MANAGER, not branch
Gibutang ra didto na “I hereby authorize my
attorney-in-fact to sign all papers, documents, and - not a mere branch manager
pleadings in relation to this particular case.” (Ngan
- so kanang bangko adunay branch diri
ra sa kaso but wa ang specific documents). The SC
sa Cebu City, kanang branch manager
said the same is sufficient authority for the agent to
dili pwede maoy mu pirma sa
sign the certification against forum shopping.
certification against forum shopping
Provided, the case is mentioned.
KUNG walay authority gikan sa BOD, if
Wee vs Galvez, August 11, 2004 naay authority from BOD, pwede)
- panlitan ang branch manager ang mi
pirma without any authority from the
Pananglitan corporation, who will sign for the
BOD, then the certification against forum
corporation’s behalf? (Kay wa ra bya kamot ang
shopping is considered unsigned and
corporation- ingon si Judge lol pungkol man diay)
therefore the initiatory pleading or the
(Not mentioned in the rules, but in the jurisprudence complaint is considered lacking of
rani) certification against forum shopping.
The requirement that a petitioner or principal party 4. Personnel Officer
should sign the certificate of non forum shopping
5. Employment Specialist in Labor cases
applies even to juridical persons. Since the Rules of
Court make no distinction between natural and  These persons are in position to verify the
juridical persons. truthfulness and correctness of the allegations in
the petition.
Mediserv, Inc. vs CA, April 5, 2010
Cagayan Valley Drug Corporation vs. Commissioner
of Internal Revenue, February 13, 2008
As regards to a corporation, the rules are silent as to
who the authorize signatory should be. But the
Corporation Code provides that all corporate There’s a case that the head of the Personnel
powers shall be exercise by the board of directors. Services of the department of Philippine National
So an individual corporate officer cannot solely Construction Corporation was allowed to sign the
exercise any corporate power pertaining to the certification against forum shopping. The head of
corporation without authority from the BOD. the Personnel Services, who is equivalent to a
Personnel Manager.
Pasos vs. Philippine National Construction
Kung ang kihante gani corporation, example a
Corporation, July 3 2013
bank, kinsa may mo pirma on behalf of the
corporation?
The person who is authorize by the board of Note: Corporation or (any) juridical persons
directors. The mere fact he is an officer of the
corporation does not give him an authority to sign
the certification against forum shopping if such In Partnership, who is authorized/allowed to sign?
officer has no authority from the board of directors.
The General Manager, Personnel Officer, or
Employment Specialist in labor cases.
PERO PAGBANTAY MO ANI: the following officers
MAY SIGN the verification and the certification
For example, there are 5 siblings, they filed a case
against forum shopping even WITHOUT any
(Ejectment) against someone because ilang yuta
AUTHORITY from the board: (as an exception)
gi-ilog. However, isa ra sa ilaha ang nakapirma sa
certification against forum shopping. The Rules Under the present amendment, the SPA is required
required that all the plaintiffs should sign. But there’s to be attached to the pleading. (Sec. 5, Rule 7)
a case, na dili tanan ang nakapirma. But they share
a common cause of action. Kinahanglan ba mu
pirma sila tanan if they share common cause of Panlitan, Local Government Unit- city or province,
action? kinsa may pwede makakiha sa ngan sa city or
province? Panlitan ang province/city adunay ikiha,
According to the SC, when all the plaintiffs or
kinsa may pwede mo pirma?
petitioners share a common cause of action or
share a common interest or defense, the signature It’s the MAYOR who has the authority to file a case
of one of them in the certification against forum even without authority from the City Council.
shopping complies with the rules.
Pacquing vs. Coca Cola Philippines, January 31,
(BAR Q before) In one case, SC said that the mayor
2008
has the authority (kung city gali) to file suits to
recover funds and property of the city even without
authority from the city council. But he must be the
Panlitan, di diay sila share, lain lain silag interest,
one to sign the certification against forum shopping
pwede ba isa ra nila ang mu pirma?
and NOT the CITY LEGAL OFFICER (not the head of
Pwede kung adunay SPA gikan sa uban. (kung duly their legal division).
authorized)
City of Caloocan vs. CA, May 3, 2006
May a LAWYER sign the certification against forum

How forum shopping is committed?
shopping on behalf of his client?
Mu ingon ganig forum shopping, take note that it’s
As a rule, NO, he cannot, UNLESS, he is specially
2 or more cases are filed by the plaintiff/petitioner.
authorized by his client to represent the client in the
case.
In other words, there is forum shopping:
According to the SC, if a lawyer appears in the court 1. whenever there is litis pendentia (mag uban jud
for his client, he doesn’t need to present proof (SPA) ni sila)
that he is authorized to act as a lawyer on behalf of
2. or if there is NO litis pendentia, there could be res
his client. He is deemed authorized. But the moment,
judicata
that lawyer, aside from being as a lawyer for the
client, he is also ACTING as a REPRESENTATIVE for the - the act of filing of multiple cases based
client, he NEEDS a Special Power of Attorney. on the same cause of action and with
Kinahanglan duly authorized sya to sign the the same prayer. The previous case not
certification against forum shopping, otherwise, the having been resolved yet. (Pending pa
complaint or other initiatory pleading would be sila tanan and the same cause of action)
considered as UNSIGNED.
Cosco Philippine Shipping, Inc. vs. Kemper
Forum Shopping can be committed in several ways:
Insurance Company, April 23, 2012
1. through litis pendentia
2. through res judicata
 A specially authorized lawyer, including the
counsel of record who has personal knowledge - by filing multiple cases based on the
of the facts alleged may sign the certification same cause of action, the same prayer
against forum shopping. If a lawyer is not but the previous case has already been
specially authorized (equipped with a SPA- with finally resolved
specific case and documents needed to be
3. by splitting of causes of action
signed.) (Wala man ni gitiwas ni judge ug chika
uy ambot) - filing multiple cases based on the same
cause of action but with different
prayers.

- For example: Sum of money, naay

nanghuwam 1M, the creditor mi file ug
BarQ:
(collection of) sum of money for the
amount of 1M, after that ni file nasad ug What is the effect for committing forum shopping?
damages based on the same cause of What is the effect of forum shopping?
action on the ground of moral damages,
What should be stated in the certification against
attorney’s fees and exemplary damages
forum shopping?
(kay matod pa niya nahasol sya na wa
sya bayri. SPLITTING! Fatal if the forum shopping is defective, for example
naa tuod pero di mao ang nag pirma. WHY?
- labi najud panlitan ang Loan is secured
by real estate mortgage, human nimog  Because it will cause the dismissal of the case
file ug collection of sum of money for the (certification against forum shopping kung
amount of 1M, file nasad ang creditor ug defective)
another kaso based on damages (moral,
 Unlike verification, pwede amendment/correct
exemplary and attorney’s fees), ni file
but in certification against forum shopping, DILI
nasd sya ug lain collection of (sum of)
PWEDE. Dili jud mada ug hangyo! DISMISS jud!
money and the prayer is for the payment
Although the dismissal is WITHOUT PREJUDICE.
of interests, plus another case kay naa
may mortgage, foreclosure of  Technical! A defective or absence of a
mortgage, NOT ALLOWED, SPLITTING ni! certification against forum shopping, it will cause
the dismissal of the case.
- Cause of action ani is nonpayment of
the loan, so dapat mu file syag
collections of sum of money, iapil na nya
Panlitan naa juy forum shopping, not just a defective
ang remedy/prayer na: payment for the
one (kay lahi ang ni pirma), ang plaintiff jud mismo
principal plus interests, asking for the
ang mi pirma pero dihay forum shopping. Iyang
order requiring the defendant to pay
giingon na wala syay gi-file na laing kaso pero naa
moral damages, exemplary and
diay. What is the effect? (Section 5)
attorney’s fees.
Yamson vs. Castro, July 20, 2016
If the forum shopping is not willful and deliberate, the
subsequent cases shall be dismiss without prejudice
Forum shopping is an act of malpractice for it on one or two grounds mentioned above. Hovever,
rifles with the courts, abuses their processes, if the forum shopping is willful and deliberate
degrades the administration of justice and adds (DELIKADO- gituyo jud), ALL the ACTIONS filed (not
to the congested court dockets. What is critical just the subsequent) shall be DISMISS WITH
is the vexation brought upon the courts and the PREJUDICE.
litigants by a party who asks different courts to
- Not willful/ deliberate- Dismiss but without
rule on the same or related causes of action.
prejudice; subsequent cases ra ang
Zamora vs. Quinan, November 29, 2017 idismiss
- Willful/deliberate- dismiss with prejudice;
all cases shall be dismissed;
Note: Kapila na nigawas ang forum shopping sa
BAR Exam. (sample questions)  with prejudice means di na ma
file, it is as if the case has been
- Explain what is forum shopping.
decided on the merits
- Case Problem: Is this a forum shopping?
 wala pa tuod ka naka present ug
The defendant files a motion to dismiss or
evidence but isipon na naka
ask the dismissal of the case on the
present naka ug evidences and
ground of forum shopping. Is the motion
wala ka naka prove. -mao ng
meritorious?
pasabot sa with prejudice
Heirs of Sotto vs. Palicte, June 13, 2013
TAKE NOTE: What is Forum Shopping? And How
Forum shopping can be committed?
Moreover, sa lawyers and the client (di mana nmo 1. A defective verification is merely considered as
pwede idismiss)? a formal defect which can be corrected by
amendment.
The submission of a false certificate or
noncompliance with any undertakings therein shall While, defective certification against forum
constitute INDIRECT CONTEMPT of court without shopping is a ground for dismissal and cannot be
prejudice to the corresponding administrative and cured by amendment.
criminal cases.
For more distinctions- look up the case of Jacinto vs.
- Remember: the certification is under Gumaru, June 2 2014
oath. Unsa may epekto ana kung bakak
imong gipanulti diha?
2. A verification may be signed by the lawyer
- You are criminally liable for the crime of
representing the client.
perjury, because that is under oath.
But, the certification against forum shopping
must be sign by the party himself and not by his
 Ang lawyer or kanang nag pirma dira, kay counsel, except if the counsel is specially
specially authorized sya kay liable sya. authorized to sign the certification against
forum.
- Criminally liable
- Without prejudice to other disciplinary
action Exceptions:
- Cited for indirect contempt of work (Note the power of the SC to promulgate rules
regarding pleadings, practice and procedures.
Together with that power to promulgate rules,
WILLFUL/ DELIBERATE= DIRECT CONTEMPT there’s also a power to SUSPEND rules.)
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping, the
The rule is defective or absence of certification
same shall be ground for summary dismissal with
against forum shopping, dismiss. However, certain
prejudice and shall constitute DIRECT CONTEMPT of
cases, the SC allowed the filing of late certification
court, and as well as ADMINISTRATIVE SANCTIONS.
of forum shopping.
Ang SC ra makabuhat ani. Basin lang makasugat
May the court MOTO PRO PRIO dismiss a case on the mo aning mga kasuha ba! (Char ka loving ni
ground of defective certification against forum Judge). These cases are:
shopping?
NO! A forum shopping does not authorize the court
 Loyola vs. CA 245 SCRA 477
to dismiss a case moto proprio without any motion
and hearing. Even if the submission of the false Wherein the SC allowed the belated filing of the
certification of non forum shopping does not certification against forum shopping 1 day late.
warrant the dismissal of the case even if it might
constitute contempt of court.
 Roadway Express, Inc. vs. CA 264 SCRA 696
The SC allowed the filing of the certification
Exceptions:
against forum shopping 14 days before the
When the forum shopping is willful and deliberate. dismissal of the petition.
De Leon vs. Chu, September 2, 2015
 Uy vs. Land Bank
What is the difference between a DEFECTIVE forum
shopping and DEFECTIVE verification?
But according to the SC in all these cases, there
were special circumstances or compelling reasons
that justify their relaxation of the rule.

Mediserv, Inc. vs. CA, April 5, 2010  Testimonial- judicial affidavits of the witnesses;
names of the witnesses; summary of the
testimonies must be alleged in the pleading
Note the terms: certification AGAINST forum (attached)
shopping or certification OF NON-forum shopping.
 Documentary
 Objects
Section 6. Contents. — Every pleading stating a
party's claims or defenses shall, in addition to those
mandated by Section 2, Rule 7, state the following: RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS
(a) Names of witnesses who will be
presented to prove a party's claim or Section 1. In general. — Every pleading shall contain
defense; in a methodical and logical form, a plain, concise
and direct statement of the ultimate facts, including
(b) Summary of the witnesses' intended the evidence on which the party pleading relies for
testimonies, provided that the judicial his claim or defense, as the case may be.
affidavits of said witnesses shall be attached
to the pleading and form an integral part If a cause of action or defense relied on is based on
thereof. Only witnesses whose judicial law, the pertinent provisions thereof and their
affidavits are attached to the pleading shall applicability to him or her shall be clearly and
be presented by the parties during trial. concisely stated.
Except if a party presents meritorious reasons What is a methodical and logical form?
as basis for the admission of additional
witnesses, no other witness or affidavit shall Kinahanglan di mag “tuali-tuali” imuhang
be heard or admitted by the court; and allegations diha sa complaint. (Balintong-balintong)
(c) Documentary and object evidence in For example:

support of the allegations contained in the Collection of sum of money
pleading. (n)
 State first the personal circumstances sa parties
According to Sec. 6, e very pleading must
state/allege the claims of a party or defenses.  Sunod, state nimo ang katong pagpanghuwam,
“that sometime on..”
- If it is a complaint, it must state the cause
of action- the ultimate facts constituting  Unsay gibuhat sa dihang wa bayri- unsa may
the cause of action). nahitabo. “that the defendant fails to pay..”
- If it is an answer, it must state the  Unsa gibuhat when the due date came “send
defenses either negative or affirmative demand”
defense, or both.  After sending demand, giunsa pagpada ang
And in addition, thereto, the pleading must also demand?
state the evidence and the law on which it is based.  Wa mi gihapon mi bayad, unsay gibuhat after?
“hire the services of a lawyer”
Complaint- CEL: Cause of Action, Evidence, and  Di kay unahon nimo ang pag hrie sa lawyer and
Law so on. (ARRANGE accordingly the real flow of
the circumstances)
Answer- DEL: Defenses (negative, affirmative or
both), Evidence, and Law  LOGICAL and CHRONOLOGICAL aron dali
masabtan.
Each paragraph is numbered, and each paragraph
The pieces of evidence which would support the should be short. (if related, okay ra 1 paragraph but
allegations in the pleading must be attached to the if di na, lain na ng paragraph)
pleading.
..Plain, concise and direct statement of the ultimate

What are the forms of evidence? facts, including the evidence.
What are those conditions precedent?

The same with defense- if the cause of action or  Referral to the barangay
defense relied on is based on law, the pertinent
 Exhaustion of administrative remedies
provisions thereof and their applicability to him shall
be clearly and concisely stated.  Exertion of earnest efforts for settlement of cases
involving the same family members
Section 2. Alternative causes of action or defenses.

— A party may set forth two or more statements of a Unsaon mana?
claim or defense alternatively or hypothetically, General averment would be sufficient.
either in one cause of action or defense or in
separate causes of action or defenses. When two or
more statements are made in the alternative and What is general averment?
one of them if made independently would be
sufficient, the pleading is not made insufficient by Ingnon lang nimo “the case has been referred to the
the insufficiency of one or more of the alternative barangay but there was no settlement.”
statements. (2)  No need to put dates, asa na barangay, as in
Pwede ra na panlitan, misakay ka or ang passenger general ra.
ug bus, while riding the bus ang bus nabanggaan.
Kinsa man ikiha niya?
Earnest efforts towards a settlement in cases
 Operator sa bus and driver or ang driver sa involving the same family members
nibangga?
Pwede ra ingnon nimo na “earnest efforts has been
 Pwede katong duha exerted towards settlement but failed.”
 No need to put date, person/s who attended
Case: Nabanggaan sa train ang school bus.
Namatay man ang mga bata na nagsakay sa
school bus, so gikiha sa mga ginikanan ang owner Section 4. Capacity. — Facts showing the capacity
sa school bus and the train. Trial Court ruled that the of a party to sue or be sued or the authority of a
train and school bus’ owners are solidarily liable party to sue or be sued in a representative capacity
because pareha sila danghag, puros negligent. SC or the legal existence of an organized association of
sustained the ruling of the trial court. person that is made a party, must be averred. A
party desiring to raise an issue as to the legal
Perena vs. Zarate, August 29, 2012 existence of any party or the capacity of any party
to sue or be sued in a representative capacity, shall
do so by specific denial, which shall include such
Same with alternative defenses- pwede ba duna supporting particulars as are peculiarly within the
kay negative defense ubanan pud nimog pleader's knowledge. (4)
affirmative defense?
It must be stated the capacity of the parties to sue
 for example: gi deny sa imo client na nakautang
and to be sued.
sya (specific negative denial) but naa syay
alternative defense na, assuming nakautang  Usally in a complaint, first paragraph palang ni
sya the same has already been prescribed.
 Ang nakabutang is “the plaintiff is of legal age
 Prescription is an affirmative defense
 Significance of putting “legal age”- it indicates
Pwede idungan, in short mao na ang gitawag na the capacity to sue of the plaintiff, na dili siya
alternative defense. That is how you allege. minor
 Sumpayan, “that the defendant is likewise of
legal age. Importance is that the defendant has
Section 3. Conditions precedent. — In any pleading also the legal capacity to be sued (since if minor
a general averment of the performance or di man pwede sya ra apilan man ug ginikanan-
occurrence of all conditions precedent shall be ma dismiss ang kaso)
sufficient. (3)

 If nag mikiha is minor and not assisted by his Example: Res judicata
parent or guardian, the case will be dismiss for
 The defendant says that the complaint is barred
lack of legal capacity to sue.
by prior judgment or barred by res judicata.
 Pwede niya isulti na, “there has been a prior
Panlitan igo ra sya gi authorized, not the real party case filed by plaintiff told etc.. filed in what court
in interest? and the same decision has become final and
executory”
It must be stated. The SPA, it’s copy must be
attached to the pleading (complaint)  No need to state “the court rendering the
decision had jurisdiction”.
Section 5. Fraud, mistake, condition of the mind. —

In all averments of fraud or mistake the Section 7. Action or defense based on
circumstances constituting fraud or mistake must be document. — Whenever an action or defense is
stated with particularity. Malice, intent, knowledge, based upon a written instrument or document, the
or other condition of the mind of a person may be substance of such instrument or document shall be
averred generally.(5a) set forth in the pleading, and the original or a copy
thereof shall be attached to the pleading as an
Allegations regarding fraud, mistake or condition of exhibit, which shall be deemed to be a part of the
the mind? pleading.
Filed an annulment of marriage on the ground of
*Repeated discussion*
fraud. How will you allege?
 It must be stated/ allege with particularity
How are you going to allege if the cause of action is
 What are the acts that the defendant did which
based on document? or How do you allege if the
constitute to fraud? Must be stated with
defense on a document?
particularity.
Kanang document on which a cause of
 NOT ENOUGH to put that “the defendant is guilty
action/defense of the defendant is based, it’s
of fraud”
called actionable document.
 Di pwede imo ingnon na “the defendant
Note: not all documents can be called as
committed fraud in entering the contract. What
actionable document.
particular acts man?
A document could only be considered as an

Section 6. Judgment. — In pleading a judgment or actionable document if the cause of action of the
decision of a domestic or foreign court, judicial or plaintiff is based on it.
quasi-judicial tribunal, or of a board or officer, it is
sufficient to aver the judgment or decision without  Example: promissory note
setting forth matter showing jurisdiction to render  Is demand letter an actionable document? NO.
it. An authenticated copy of the judgment or not the basis of the cause of action of the
decision shall be attached to the pleading. plaintiff, it’s the promissory note.
Kung mo allege kag RES JUDICATA, how to allege?  Pwede ba mo kiha without the promissory note?
In pleading a judgment or decision of a domestic or YES, but you don’t have an actionable
foreign court, judicial or quasi-judicial tribunal, it is document.
sufficient to state the judgment or decision without
stating or setting forth that the court that renders the
same has jurisdiction. How to allege an actionable document?
(2 steps)
An authenticated copy of the judgement shall be 1. The gist or the summary of the
attached to the pleading. instrument/document must be alleged/
mentioned in the pleading; and

2. a copy of the instrument/document must be The adverse party is not required to deny the same
attached to the pleading. under oath.
 in short, di kinahanglan na verified ang pleading
sa adverse party.
Same with the actionable document which is the
basis of the defense
 example: payment- receipt An actionable document (AD) must be pleaded in
accordance with Section 7, Rule 8, otherwise, the
 the receipt is considered as an actionable
adverse party need not specifically deny the
document because it is the basis of the defense
document under oath.
of the defendant.
 Collection of sum of money= promissory note
(AD)
What is an actionable document?
 Ejectment case is based on violation of the
It is a written instrument or document on which an conditions in a contract of lease= contract of
action or defense is founded or is based. lease (AD)
Metropolitan Bank and Trust Company vs. Ley
Construction and Development Corporation,
December 3, 2014 Section 8. How to contest such documents. — When
an action or defense is founded upon a written
instrument, copied in or attached to the
Not all documents or instruments attached or corresponding pleading as provided in the
annexed to the complaint or answer are actionable preceding section, the genuineness and due
documents. To qualify as an actionable document, execution of the instrument shall be deemed
the specific right or obligation which is the basis of admitted unless the adverse party, under oath
the action or defense must emanate therefrom or specifically denies them, and sets forth what he
be evident therein. claims to be the facts, but the requirement of an
oath does not apply when the adverse party does
Young Builders Corporation vs. Benson Industries, not appear to be a party to the instrument or when
Inc., June 19, 2019 compliance with an order for an inspection of the
original instrument is refused. (8a)
Supposed the pleader did not follow the rule/steps How to contest/question an actionable document?
in alleging an actionable document, what will It must be specifically denied and set forth the facts
happen? that the pleader claims to be the truth.
Can it be a ground for the dismissal of the case?
 NOOO! It cannot be a ground for the dismissal of For example:
the case.
Gibtuang didto, “that the defendant obtained a
Keihin–Everett Forwarding Co., Inc. vs. Tokyo loan in the amount of 1M and he signed a
Marine Insurance Co., Inc., January 28, 2019 promissory note therefor. A copy of which is
Failure to attach an actionable document is not attached thereto as Annex A.”
a ground for outright dismissal of the complaint.  deny it by saying “the defendant specifically
It does not also preclude its subsequent offer in denies the veracity of the allegations in
evidence. (Pwede gihapon sya ioffer). There is paragraph 2 that he obtain a loan and sign a
no specific provision in the Rules of Court which promissory note because the truth of the matter
prohibits the admission in evidence of an is he did not obtain any loan from the plaintiff
actionable document even if the offer or even and the signature appearing in the promissory
the pleader fails to comply with Sec. 7, Rule 8 of note which purportedly affixed by the
the rules. defendant is falsified or forged.”

What is the effect of failure to follow the rule?

Specifically deny; set forth/alleged/mentioned the document under oath. The requirement of an
what is the truth; the pleading containing the denial oath does not apply when the adverse party does
must be under oath (must be verified) not appear to be a party in the instrument or when
compliance with an order for an inspection of the
 this is one of the instances that the rules nagsugo
original instrument is refused.
na iverify
Young Builders case
If the answer is not verified and there is a denial on

the genuineness of the actionable document, then This is the whole context sa case:
the denial is INCOMPLETE because it is not under
A simple specific denial without oath is sufficient:
oath
1) where the instrument or document is not the
 since it is incomplete, it has the effect of
basis but a mere evidence of the claim or
ADMISSION of the genuineness and due
defense;
execution of the actionable document
2) when the adverse party does not appear as
 Effect= deemed admitted; Bisan pag gifalsify na
a party to the document or instrument;41 and
or bisan pag tinuod na dili na imuhang pirma,
wa man nimo tarongag deny, isipon na imuha 3) when compliance with an order for an
jud na. inspection of the original instrument is
refused.
During trial, can you be allowed to present a

handwriting expert to prove that your signature in Even where the written instrument or document
the promissory note is falsified? copied in or attached to the pleading is the basis of
the claim or defense alleged therein, if the party
NO MORE! Why? Because you have deemed
against whom the written instrument or document is
admitted the genuineness and due execution of the
sought to be enforce does not appear therein to
document.
have taken part in its execution, such party is not
 But imo rang giadmit ang genuineness ra ug due bound to make a verified specific denial.
execution- mao rana imuhang gi-waive.
For example:
Panlitan, in your answer, gibutang nimo didto that
Heirs who are sued upon written contract executed
the action has prescribed or barred by res judicata.
by their father (ila papa maoy mi pirma), they are
Can you present evidence to prove res judicata?
not bound to make a verified specific denial and
Can your client present evidence that there is a
the defendant in action upon such note, is not
former judgment?
bound to make a verified specific denial of the
YES! Because that is not included in the waiver. Ang genuineness and due execution of the
gi-waive ra ang genuineness and due execution of endorsement.
the document.
Young Builders case
A simple specific denial without oath is sufficient.

Lara’s Gifts & Decors, Inc. vs. Midtown Industrial
If the rules on how to allege an actionable Sales, Inc., August 28, 2019
document are not followed, then the adverse party
The rules require that besides specifying or
is not required to deny it under oath. Simple denial
specifically denying the allegations of fact not
would be sufficient.
admitted, the answer should set forth the matters
Young Builders Corporation vs. Benson Industries, relied upon in support of the denial; so that, in effect,
Inc., June 19, 2019 the Rules are no longer satisfied with mere denials.
 Basta ang cause of action is based on
actionable document. Even if specific but
Ang gi require pag deny under oath kay kato rang
demand that defendant manifests what he
party, katong naka pirma sa document. if he is not
considers to be the true facts.
a party to the document, he is not bound to deny
 The purpose of this specific denial is to compel 1. by specifically denying or specify each material
the defendant to specify the allegations which allegation of fact in the complaint, the truth of
he or she intends to disprove and disclose the which the defendant does not admit and set
matters relied upon to support such denial, forth the facts that a he claims to be the truth
thereby limiting the issues and avoiding
- Specify/identify asa may di nimo iadmit
unnecessary delays and surprises.
ana
- so by paragraph sya, each paragraph
If ever the adverse party fails to deny under oath an naa jud kay ikasulti ana (denied or
actionable document, what is being waive or admitted)
admitted is only the genuineness and due
- aside from denying, state what is the
execution. Other defenses, for example on the part
truth according to that party (DENY and
of the defendant, not waive such as fraud, mistake,
SET FORTH/allege the facts that a party
payment, statutes of limitations, estoppel, want of
claims to be the truth - not enough ang
consideration, etc.
ideny ra)
Go Tong Electrical Supply Co., Inc. vs. BPI Family
2. by denying only a part of an averment, he shall
Savings Bank, Inc., June 29, 2015
specify so much of it as is true and material and
shall deny only the remainder
Section 9. Official document or act. — In pleading kung portion ras paragraph imong iadmit, ang
an official document or official act, it is sufficient to uban imong ideny, SO imo isulti ang part na
aver that the document was issued or the act done imong ideny
in compliance with law. (9) - for example, paragraph 1, mu ingon ang
Unsa manang official document? plaintiff “he is of legal age, and residing
in cebu city, while the defendant is
A document issued by a public officer. likewise of legal age and residing in
For example: mandaue city”
 Marriage certificate - imong iadmit kay imo rang personal

circumstances; SO imong ingnon na “the
allegations in paragraph 1 as regards the
There is no need to state with particularity the personal circumstances of the
contents of the document. It is sufficient to state that defendant are admitted but the rest of
the document was issued or the act was done in the allegations pertaining to the personal
compliance with law. circumstances of the plaintiff are denied
specially his residence, because the truth
of the matter the plaintiff has never been
Section 10. Specific denial. — A defendant must a resident of cebu city”
specify each material allegation of fact the truth of 3. defendant is without knowledge or information
which he does not admit and, whenever sufficient to form a belief as to the truth of a
practicable, shall set forth the substance of the material averment made to the complaint, he
matters upon which he relies to support his denial. shall so state, and this shall have the effect of a
Where a defendant desires to deny only a part of an denial
averment, he shall specify so much of it as is true and
material and shall deny only the remainder. Where miingon naka na lack of knowledge or
a defendant is without knowledge or information information sufficient to form a belief as to the
sufficient to form a belief as to the truth of a material truth of the material allegation in the complaint.
averment made to the complaint, he shall so state, - in order for this kind of denial to
and this shall have the effect of a denial. (10a) considered a specific denial, it must be
DONE in GOOD FAITH.
(Discussed already sa ktong discussion sa mga
defenses.) - Example: mu ingon ang plaintiff sa
complaint “due to the stubborn refusal of
the defendant to pay his loan, the
3 modes of specific denial plaintiff suffered sleepless nights, mental

anguish, etc.” -kahibaw diay ang mu say na mi suffer sya ug 1M due to

defendant na wa jud diay kay katog? sleepless nights- deemed not admitted
Wala. even if not properly denied.
- So the defendant may deny by saying,
“the defendant specifically denies the
allegations that the plaintiff suffered Section 12. Affirmative defenses. — (a) A defendant
sleepless nights because the truth of the shall raise his affirmative defenses in his answer,
matter is he sleep soundly despite my which shall be limited to the reasons set forth under
refusal to pay” Pwede diay na? Ingnon Section 5(b), Rule 6, and the following grounds:
nmo “The defendant has no knowledge 1. That the court has no jurisdiction
or information.” over the person of the defending
- That has the effect of SPECIFIC DENIAL. party;
2. That venue is improperly laid;
Not following of this rule, the denial would be 3. That the plaintiff has no legal
considered as a GENERAL DENIAL, which has the capacity to sue;
effect of admission. 4. That the pleading asserting the
 General denial= admission claim states no cause of action; and
5. That a condition precedent for
filing the claim has not been
Take note: A denial cannot be considered specific complied with.
merely because the defendant uses the word
“Specific” or “Specifically denies”. (b) Failure to raise the affirmative defenses at
the earliest opportunity shall constitute a
waiver thereof.
Section 11. Allegations not specifically denied
(c) The court shall motu proprio resolve the
deemed admitted. — Material averments in a
above affirmative defenses within thirty (30)
pleading asserting a claim or claims, other than
calendar days from the filing of the answer.
those as to the amount of unliquidated damages,
shall be deemed admitted when not specifically (d) As to the other affirmative defenses
denied. under the first paragraph of Section 5(b),
Rule 6, the court may conduct a summary
In-ana ka importante ang pag follow sa rules of hearing within fifteen (15) calendar days
specific denial, because those allegations which are from the filing of the answer. Such affirmative
not specifically denied are deemed admitted. defenses shall be resolved by the court within
 DENIAL- not specific- deemed ADMITTED. thirty (30) calendar days from the
termination of the summary hearing.
 Possible that the proper fees of the client is at
stake (e) Affirmative defenses, if denied, shall not
be the subject of a motion for
 In case of doubt, deny, reconsideration or petition for certiorari,
 Remember that an admission made in a prohibition or mandamus, but may be
pleading is considered as a judicial admission among the matters to be raised on appeal
and does not require presentation of evidence. after a judgment on the merits. (n)
(you cannot deny anymore)
2 Sets of Affirmative Defenses
1. Section 5(b), Rule 6 (Kinds of Pleadings)
Exceptions:
- (b) An affirmative defense is an
Unliquidated damages allegation of, a new matter which, while
hypothetically admitting the material
- Kanang wala ninyo saboti
allegations in the pleading of the
- for example: moral damages; exemplary claimant, would nevertheless prevent or
damages bar recovery by him or her. The
affirmative defenses include fraud,
- for example:
statute of limitations, release, payment,

illegality, statute of frauds, estoppel,
The court shall motu proprio resolve the affirmative
former recovery, discharge in
defenses within 30 days from the filing of the answer.
bankruptcy, and any other matter by
way of confession and avoidance.
2. Section 12(a), Rule 8 Section 5(b), Rule 6- if raised as affirmative defense,
the court has an option or discretion to call for
- (a) A defendant shall raise his affirmative
hearing
defenses in his answer, which shall be
limited to the reasons set forth under
Section 5(b), Rule 6, and the following
Note: Section 12(d), Rule 8
grounds:
 (d) As to the other affirmative defenses under
the first paragraph of Section 5(b), Rule 6, the
1. That the court has no jurisdiction over court may conduct a summary hearing within
the person of the defending party; fifteen (15) calendar days from the filing of the
answer. Such affirmative defenses shall be
2. That venue is improperly laid;
resolved by the court within thirty (30) calendar
3. That the plaintiff has no legal days from the termination of the summary
capacity to sue; hearing.
4. That the pleading asserting the claim  Pwede ang court magpatawag ug hearing and
states no cause of action; and pa commnetaryuhon ang pikas.
5. That a condition precedent for filing
the claim has not been complied
TAKE NOTE: In Summary:
with.
 Sec. 5(b), Rule 6
- Discretionary; the court may call for a
(Rule 16 ni prior the amendment, karon wala nay rue
hearing
16 but naa na diri na rules)
 Sec. 12(a), Rule 8
- Motu Proprio rule on the affirmative
These affirmative defenses do not need hearing, so
defense; no need hearing
the court may immediately rule on the affirmative
defense.
 Not subject for (nawa ang audio ni Judge Whatever will be the ruling of the court, if denied
mygosh) (affected is the defendant) then motion for
reconsideration is not allowed, petition for certiorari,
 It is necessary that these grounds should be
prohibition or mandamus, NOT ALLOWED.
alleged as affirmative defense.
- For example: you are the lawyer of the
 Ang motion to dismiss, kato nalang 4 ka grounds
defendant and you raised an affirmative
katong dili ma waive
defense of improver venue or res
- Lack of jurisdiction over the subject judicata- Denied.
matter
- REMEDY if you are the counsel of the
- Litis pendentia defendant if your affirmative defense is
adenied? : to ____, present evidence to
- Res judicata
support your defense and if the decision
- Prescription is adverse to your client, APPEAL.
- During the appeal, you assigned as one
of the errors committed by the trial court
These affirmative defenses must be raised at the
the denial of the affirmative defense.
earliest opportunity, otherwise considered waive.
- Earliest opportunity for the defendant? sa
iyahang ANSWER.
Section 13. Striking out of pleading or matter COA vs walem phil shipping july 1 2012- all grounds
contained therein. — Upon motion made by a party for dismissal of the case in sec 1 rule 16 deleted
before responding to a pleading or, if no responsive should be raised as affirmative defenses otherwise
pleading is permitted by these Rules, upon motion considered waived excerpt sa 4 grounds.
made by a party within twenty (20) calendar days
after the service of the pleading upon him or her, or Talking about lack of J of the subject matter-pede
upon the court's own initiative at any time, the court ma raised sa appeal pero possible mu sit in ang
may order any pleading to be stricken out or that estoppel by laches tijam v sibonghanoy
any sham or false, redundant, immaterial,
boston phils vs ______ June 19 2013
impertinent, or scandalous matter be stricken out
therefrom. (12) La panday agricultural v escueta 449 sca 240
If there are allegations therein which are false, Remember: estoppel by laches is not the gen rule it
redundant, immaterial, impertinent, or scandalous is merely an exception. Applicable rni cya if
matter, the same can be stricken from the pleading. defendant raised that ground so late
If the court has no J over the nature of the action or

……………….. break…………………… subject matter, it had only one power- to dismiss the
case AT and T com services phil vs CIR nov 19 2014
First 19 rules very important
Muingon ka “ pede mn kaha ang court maka dismiss
RULE 9 for lack of J nganu wa ma dismiss?
Effect of Failure to Plead - If wa ma matikdi sa court imo nang

katungdanan na mg matngun ikaw man
Section 1. Defenses and objections not pleaded. — ang ma estopped not the court
Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed
waived. However, when it appears from the
pleadings or the evidence on record that the court
has no jurisdiction over the subject matter, that there
is another action pending between the same Section 2. Compulsory counterclaim, or cross-
parties for the same cause, or that the action is claim, not set up barred. — A compulsory
barred by a prior judgment or by statute of counterclaim, or a cross-claim, not set up shall be
limitations, the court shall dismiss the claim. (2a) barred. (4a)
Dismiss the case moto proprio -4 grounds Compulsory ang ma barred ra ha not the permissive
- non waivable Compulsory Counterclaim vs Permissive

Counterclaim (memorize)
- Can be raised first time on appeal
What if inadvertence thru oversight wa tuyoa, naay
- Pede sa motion to dismiss prov sa sec 10 rule 11?
Other grounds: - Pede ma alleged or masingit but it requires

leave of court by amending the answer.
- needs motion, not moto proprio-deemed
waived in affirmative defenses also Rule 11 Section 10. Omitted counterclaim or cross-
claim. — When a pleader fails to set up a
- the grounds must be apparent or evidence counterclaim or a cross-claim through oversight,
presented on the trial. inadvertence, or excusable neglect, or when justice
requires, he may, by leave of court, set up the
- affirmative defenses counterclaim or cross-claim by amendment before
judgment.
If not apparent that the action is prescribed then not
dismissible by court. Kana if naa ang cross claim pero wa ma allege
TN: MD is no longer allowed except this 4 grounds

But what if later na mi due or mu arise? Dunay 3. there must be a motion to declare a person
remedy pra ma include? in default has been filed by the claiming
party with notice to the defending party
- Naa, supplemental pleading sec 9 rule 11
- the court cannot moto proprio declared
Rule 11 Section 9. Counterclaim or cross-claim defendant in default sablas v sablas july 3
arising after answer. — A counterclaim or a cross- 2007 / villacruzes v estenzo june 30 1962
claim which either matured or was acquired by a
party after serving his pleading may, with the Unsay buhaton sa court nga di mn cya ka declare
permission of the court, be presented as a in default? Ang plaintiff wa man mi file ug motion in
counterclaim or a cross-claim by supplemental Dismiss?
pleading before judgment. (9, R6)
Ex: milabay na 1 yr from service of summons from
Sec 3-5 star prov TN!!!!!! defendant wa mi file ug ans. Nya wa mn sd cya mi
file ug default?
Section 3. Default; declaration of. — If the
defending party fails to answer within the time - The court can dismiss the case for failure to
allowed therefor, the court shall, upon motion of the prosecute sec 3 rule 17
claiming party with notice to the defending party,
and proof of such failure, declare the defending Rule 17 Section 3. Dismissal due to fault of plaintiff. —
party in default. Thereupon, the court shall proceed If, for no justifiable cause, the plaintiff fails to appear
to render judgment granting the claimant such relief on the date of the presentation of his or
as his pleading may warrant, unless the court in its her evidence in chief on the complaint, or to
discretion requires the claimant to submit evidence. prosecute his or her action for an unreasonable
Such reception of evidence may be delegated to length of time, or to comply with these Rules or any
the clerk of court. (1a, R18) order of the court, the complaint may be dismissed
upon motion of the defendant or upon the court's
(a) Effect of order of default. — A party in own motion, without prejudice to the right of the
default shall be entitled to notice of defendant to prosecute his or her counterclaim in
subsequent proceedings but not to take part the same or in a separate action. This dismissal shall
in the trial. (2a, R18) have the effect of an adjudication upon the merits,
unless otherwise declared by the court.
(b) Relief from order of default. — A party There are cases, (before amendment ni cya ha!)
declared in default may at any time after nga ang defendant na serve-an ug summons but
notice thereof and before judgment file a wala mna ka file ug motion to declare default ang
motion under oath to set aside the order of plaintiff bisan lapas na sa time to file an answer and
default upon proper showing that his failure defendant mi file ug answer late. pede paba na I
to answer was due to fraud, accident, admit sa court?
mistake or excusable negligence and that
he has a meritorious defense. In such case, - pede pa basta wa pay order of defendant
the order of default may be set aside on paramout insurance incorp vs donis corp
such terms and conditions as the judge may aug 6 2006/ sablas v sablas
impose in the interest of justice. (3a, R18)
Pede paba ni karun under present amendment?
He should file within 30 days –answer
- nabahin ang mga experts niani
If di ka file ug answer-fatal
Ex: Na late ang reply /rejoinder pede dawaton pero
Requirement of default: and answer silent if pede ba dawaton. Some
authors niana di na pede pero some niana na pede
1. court had validly acquired J over the P or pa. If I ask na sa bar just remember the rulings of the
defending party either service of summons SC. Basta wa pay default order.
or voluntary appearance
Once declared in default he could no longer
2. the defending party failed to file answer present evidence. If under P 1, when the court
within the time allowed therefore 30 day declares the defendant in default. The court may

immediately render judgment without requiring to Fave of examiners:

present evidence.
What are the remedies of the defaulted defendant?
Unsay basis sa court in rendering judgment?
3 remedies:
- Base on the allegations in the complaint
1. remedies before judgment but after issuance
Labina karun na sa complaint i-attached ang of the default order
Judicial Affidavit or document so pede na mu
render ug judgment base on the allegations bec of - file a verified motion to set aside the default
the failure of the defendant to controvert, he is order.
deemed to admit the allegations of the complaint.
When I file?
Pero dunay discretion ang court na di cya mu
- At any time after notice thereof (way
render ug decision and require the plaintiff to
reglementary period. ) but the judgment
present evidence ex parte (without the presence of
had not become final and executory
the defendant).
What is the Ground?
Siguraro ba na mudaog ang plaintff if panlitan
defaulted ang defedant? - Due to FAME (ayaw ni i-hurot ug enumerate)
mg pili raka AND that he has meritorious
- no, the plaintiff is still required to prove his
defense to file a motion.
complaint by the amount of evidence
(preponderance of evidence) What do you mean by verified motion?
- Kay what if iyang annexes of evidence are - I explain sa motion nganu wa cya kafile on
hearsays then the case will be dismissed for time
failure of the plaintiff to prove the allegations
even if defendant has been defaulted. What is the Ground?
Default is not meant to punish defendant but to - FAME AND he has meritorious reasons
encourage prompt filing royale palms vs Mejia nov
2 2018 Ex: dunay accident nasakit ug covid
Unsay right sa defendant nalang? FRAUD:
- He is entitled to all notices to the proceeding Extrinsic fraud – kind of fraud which prevent the
aggrieved party form participating the trial or
- Ex: if court fines or requires plaintiff to present presenting evidence Gomez v montalban march
evidence then he is entitled to notice as to 2008
the date of hearing igo pabaw-on pero di ka
participate. The act committing fraud is committed by the
adverse party that prevented the defendant from
Clear evidence of plaintiff: presenting his evidence or participating the trial.
Gomez v montalban
- Ex: PN sa utang sa bank nya defaulted ang
defendant. If ako ang judge di na mg Ex: nakadawat ug summons ang defendant unya
present ug evidence, ang basis sa akong giadto nya ang plaintiff
decision is ang PN-lig on nana.
D: sir tagai kog 1 month ako bayran ang utang
- He loses his standing in court. Luy enterprises
inc vs wilig pharma inc march 7 2014 P: musugot ang plaintiff
Acc to SC a default judgement is frowned upon. D: unsaon ning kaso sir?

Policy of that cases is to be decided on the merits
but the default judgment will not be vacated unless P: ayaw nlng ug tubaga mubayad mn kaha ka in 1
the defendant has meritorious reasons why wa cya month
ka file ug answer momarco import vs villamina july
27 2016
Nya pg abot ug 30 days mi file ug motion to declare Defendant: ang iyang driver naay adtoon
in default so there is extrinsic fraud to present his elsewhere nya muagi sa court so gisugo nya
case or participate in the trial pg fiile but nakalimot ang driver.
What if ang plaintiff mi present ug falsified - What if ang counsel nasaup. Ng danghag
document. Can it be considered as extrinsic fraud? ang counsel wa ka file ug answer. Not
considered as EN acc to SC.
- NO if the defendant has been given the
opportunity to present his case. If falsified - Cousel-80 yrs old nakalimot. SC: base on
ang document, you can present a witness to stereotype bec of age madarang vs morales
prove that it is falsified. You are not june 9 2014
prevented to present the case fully.
TN: Negligence of the counsel binds the client
- It is intrinsic fraud which does not warrant the regalado v Regalado feb 28 2006
lifting of the default order or holding of the
new trial. Summary:
- Giilad cya but he is not prevented from a. made by motion under oath by one who has
controverting evidence-intrinsic fraud knowledge of the facts
baclaran marketing corp vs nieva april 19
b. the motion must alleged that the failure to
2017 castro v gregorio oct 15 2014
file answer was due to FAME
What if ang lawyer sa defendant gipalit nya tungod
c. There must be an allegation that the
napalit wala mi file ug answer na declare ug
defendant has meritorious defense.
default. Is he deprived of his day in court?
d. The verified motion to lift the dismissal order
- Yes considered extrinsic fraud which would
must be attached with the affidavit of merit
warrant the lifting of the order. Castro v
(is one that must contain facts constituting
gregorio
the movants good and substantial defenses
and nature of FAME in which the relief is
based nugid vs carino july 31 1958)
ACCIDENT:
Katong gi alleged sa motion na wa ka ka file
Gitagaan ug 30 days ang defendant to pay but ug answer tungod sa FAME and meritorious
nadasmagan kay ng txt2x while nilabang. defense I allege pa jud nimo ni sa affidavit.
Considered as accident? YES
Affidavit of merits I attached sa motion
MISTAKE:
What if there was no proper service of summons and
Saup sa defendant the defendant was erroneously declared in default,
mu apply ba ghapon ning 4 requirements?
Ex: ang D miadto sa kihante na misaad na mibayad.
Misugot ang plaintiff pero wa misulti na ayaw file ug - NO, katong req above named mu apply lng
answer. Nagtoo ang defendant na mao na tu na di basta there was proper derv ice of summons
na cya mu file ug answer kay ng agree na cla na and the gorund of the motions is either FAME
bayran. Gi file-an ug motion to declare in Default.
So there is mistake on the part of defendant. If ground to set aside dismissal order due to lack of J
over persons of defendant those would not apply
EXCUSABLE NEGLIGENCE: ponyo vs IAC 218 phil 548 tamyo vs ramoliti 160 phil
111
- Def was instructed by his lawyer to file his
answer in court. One case, there was improper service of summons
bec the summons was served thru substituted
- Ex: Atty: sir ikaw nlng file ani sa court kay naa service but it was improper resulting to lack of J over
koy hearing ugma out of town. the defendant. the court rendered decision when
the defendant learned about the default he filed a
motion to set aside the default order and for a retrial.
But the trial court denied his motion, and so he filed
an appeal. Did the court despite the improper When filed?

service of summons ACCQUIRED J?
- Period to file appeal. Within 15 day period
- YES bec he filed a motion to dismiss the from receipt of the adverse decision
default order –considered voluntary rendered by ocurt.
appearance
Grounds: FAME
- Although there is J, still the decision is void
bec there was denial of Due process Rule of the thumb: mahimo ning grounds sa motion
katong 4 ha!
One case, the court has acquired J over P of
Defendant by filing a motion to set aside the Default 3rd remedy: motion for reconsideration within the
order pero wa cya tagai ig time to present evidence period to file an appeal Gomez v montalban march
despite his filing of a motion and for new trial. 14 2008
- Lahi ni cya nga situation if there is proper Why best ang motion for New Trial bec he has given
service of summons and yet he did not file an opportunity to present evidence. if adverse ang
answer there is no denial of Due Process kay decision sa New Trial pede pamn ka file ug appeal
gi waived mn nya. Karun di mn nya sala kay
3. If the decision has been rendered and
wa may proper service of summons.
became final and executory
SC nullified decision of the trial court not bec there is
Remedy: if wa ka file ug new trial, appeal ug di naka
lack of J but bec there is denial of DP bello vs mark
ka file ani sd kay 15 day period has been lapse
antonio sept 28 2020.
1st Remedy: Petition for relief of judgment (PRJ)
Rep vs SB dec 17 2007
under rule 38
Unsay I file?
Ang MR naa sa rule 37 Appeal rule 40 41
- Motion to set aside default order
PRJ prehas ras MNT grounds: FAME
Asa mu file?
2. a judgment or decision has been rendered
- Same court
but the decision has not become final and
executory. Within what period?
1st Remedy: file an appeal - Within the period of:
TN: the defendant can still file an appeal even if he 60 days after the Plaintiff learns about the
did not file a motion to set aside default order and judgment and
to file appellants brief to be heard.
6 months after the decision or final order
He may appeal on the ground that the P has failed form the entry of judgment.
to prove the material allegations of the complaint.
Royale plains view vs mehiya nov 12 2018 / BT vs Requisites ani is katong 4 ghapon
Jonas dec 9 2015
2nd Remedy: petition for certiorari if there was GAD
Deprived ra ang defendant to participate trial but
pede cya ka file ug appeal Remember: imagine that there was imporopervor
absence of srrvice of summons rsulting to lack of J
over P of def nya gi declare defsault mi render ug
jsugement. Unsay status sa judgment? Void
2nd Remedy: pinaka best: motion for new trial.
What is the remedy if judgment is void?
So that he can present his evidence but the ground
in order to be granted mo follow sa requirement to - Petition for certiorari
set aside the default order (4 kabook)
Gahudo vs taders royale bank march 31 2006

(c) Effect of partial default. — When a pleading intervene to determine if there is collusion among
asserting a claim states a common cause of action parties.
against several defending parties, some of whom
answer and the others fail to do so, the court shall try - Way default sa cross ug compulsory claim
the case against all upon the answers thus filed and
- Naay default sa permissive counterclaim.
render judgment upon the evidence presented.
Pede ma declare in default ang plaintiff sa
(4a, R18)
permissive counterclaim navallo vs bello 102
phil 1019
What if there are several defendants, D and E
……………….
Look at sec 3C
(e) Where no defaults allowed. — If the
Katong answer submitted or filed by the answering defending party in an action for annulment
defendant will inure to the benefit by non answering or declaration of nullity of marriage or for
defendant provided they are sued under common legal separation fails to answer, the court
cause of action. (bar q) shall order the Solicitor General or his or her
deputized public prosecutor, to investigate
Ex: solidary debtors whether or not a collusion between the
parties exists, and if there is no collusion, to
(d) Extent of relief to be awarded. — A intervene for the State in order to see to it
judgment rendered against a party in that the evidence submitted is not
default shall not exceed the amount or be fabricated.
different in kind from that prayed for nor
award unliquidated damages. (5a, R18). RULE 10
What if ang amount na subject sa collection suit, Amended and Supplemental Pleadings
shall we say 1M unya pg present nas evidence
gipakapinan sa plaintiff mi present ug evidence na Section 1. Amendments in general. — Pleadings
nangutang si D ug 1.5M . Pila may I grant sa court na may be amended by adding or striking out an
1M rmn naa sa complaint? allegation or the name of any party, or by correcting
a mistake in the name of a party or a mistaken or
- SC: the court cannot grant a relief different inadequate allegation or description in any other
from what is stated in the complaint. respect, so that the actual merits of the controversy
may speedily be determined, without regard to
- A judgment rendered a part _____shall technicalities, and in the most expeditious and
neither exceed the amount, inexpensive manner. (1)
……unliquidated damages (moral
damages) Correction in the pleadings
What do you mean by Liquidated Damages- Purpose: so that the actual merits of the controversy
damages agreed by the parties may speedily be determined, without regard to
technicalities, and in the most expeditious and
Ex: interest na 2% inexpensive manner.
Unliquidated- damages which requires presentation Section 2. Amendments as a matter of right. — A
of evidence party may amend his pleading once as a matter of
right at any time before a responsive pleading is
Ex: moral damages, exemplary
served or, in the case of a reply, at any time within
Are there case where Default of J not allowed? ten (10) calendar days after it is served.
- YES, Annulment of marriage, Legal Matter of right –before responsive pleading is

separation served.
Fam code: Court prohibited form declaring default Before the filing of an answer, the plaintiff has the
but instead court required public prosecutor to right or as a matter of right can amend his
complaint.

Matter of R-no need for plaintiff to ask the court. No ligudator vs bangko Filipino and mortgage
need to file a motion. bank feb 21 2017
Matter of R: When the defendant has not made any What if ang uban na mga defendants, naka file na
amendment on the complaint before bec if it is ug answer pero ang uban wala pa. Pede pa ba ma
already a 2nd time, he needs a leave of court. amend?
Req: - Still a matter of R as regards the defendant

who have not yet filed an as biglang awa vs
1. Adverse party had not yet filed a responsive phil trust com march 28 2008
pleading
If the plaintiff has filed amended complaint as
2. It is the 12st time that an amendment is to be matter of R, is there a need to served summons?
made
- If the defendant has been served summons
under original complaint no need to served
but if there was no summons, then need to
Amendment dili limited sa complaint pedes sa
be served. Phil American life vs brieva nov 29
answer
2004
Answer matter of R: before filing of a reply.
____vs de la cruz july 7 2016

Section 3. Amendments by leave of court. — Except
What if the court refuses? as provided in the next preceding Section,
substantial amendments may be made only upon
- Court can be compelled by mandamus bec leave of court. But such leave shall be refused if it
it is the material alphine lending v corpus nov appears to the court that the motion was made with
24 2006 intent to delay or confer jurisdiction on the court, or
the pleading stated no cause of action from the
Pede ba I change ang theory? New cause of beginning which could be amended. Orders of the
action? court upon the matters provided in this Section shall
be made upon motion filed in court, and after
- YES regardless of whether new cause of
notice to the adverse party, and an opportunity to
action or change of theory matter if right still.
be heard.
bautista vs maya2x cottages nov 29 2005
Matter of discretion
Supposed a defendant has already file a motion to
Dismiss. Is amendment a matter of right? If there is responsive pleading filed?
- Yes, motion to dismiss is not considered a - Motion for leave to amend complaint has to
responsive pleading solidad vs __ may 30 be filed before the amended pleading
1963 could be admitted
One case, ang defendant nangutang nya ng sabot If dunay amended complaint, is there is a need of
na byran sa dec 2021 ng away mn cla sa plaintiff so defendant to file amended answer?
gisau ug paningil but wa mibayd gi filean ug
collection case, the defendant filed a motion to - Its up to defendant
dismiss on the ground that the complaint has no
cause of action kay premature. While the motion If wa pa ka file ug answer nya gi amend he has 30
was pending. Ang utang mi due ang gibuhat sa calendar days to file answer after served copy of the
plaintiff gi amend. Proper ba ng pg amend or matter amended complaint but if he has filed already
of right pa? answer he has 15 days to file an amended ans rule
11 sec 3
- Amendment to the complaint is not allowed
even if no responsive pleading is filed if the Rule 11 Section 3. Answer to amended
cause of action is premature or was not yet complaint. — When the plaintiff files an amended
due when the case is filed. Swagman hotels complaint as a matter of right, the defendant shall
vs ca april 8 2005 central bank board of
answer the same within thirty (30) calendar What about if there is no responsive pleading filed
days after being served with a copy thereof. yet, may the plaintiff amend his complaint in order
to confer Jurisdiction?
Where its filing is not a matter of right, the defendant
shall answer the amended complaint within fifteen TN: way argument na ha if naa nay responsive
(15) calendar days from notice of the order pleading-di na jud ka amend sa pleading. Ang
admitting the same. An answer earlier filed may dunay argument if wa pay responsive pleading gi
serve as the answer to the amended complaint if no file.
new answer is filed.
SC has conflicting decisions: in case Rosario v
This Rule shall apply to the answer to an amended carandang en banc decision ni april 28 1955
counterclaim, amended cross-claim, amended
third (fourth, etc.)-party complaint, and amended SC: it is true that under liberal provisions of the ROC
complaint-in-intervention. amendments to Pleadings are favored and liberally
allowed in the furtherance of justice, it is obvious that
What if defendant would not submit an amended when it appears form the very first in the complaint,
answer within 15 day period. pede ma declare in the court has no jurisdiction over the subject matter
default? of the case and amendment of the complaint
cannot be allowed in order to confer jurisdiction of
- No, the answer to the original complaint shall the court.
automatically considered an answer to
amended complaint. Sec 3 rule 11. Nigawas sa bar:
A complaint may be amended even if the purpose

is to confer jurisdiction if there is no responsive
Pede ba mu alter/change ang defendant sa iyang pleading yet filed gumabay vs baclarin may 31 2007
amended answer? soledad v mabangon may 30 1963
- Yes, lisam enterprises vs banko de oro Later case: amendments cannot be allowed so as
unibank april 23 2012 the amendments may to confer jurisdiction upon the court that never
substantially alter the cause of action or acquired it in the first place when it is evident that
defense. the court has never acquired jurisdiction over the
person and subject matter and the pleading is so
TN: amendment of pleading is favored by SC.
fatally defective as not to be susceptible of
But are there instances a motion to amend be amendment and to permit such amendment would
denied? radically alter the theory and nature of the action
then the court may refuse such amendment of the
a. When it is filed with intend to delay defective pleading and order the dismissal of the
case. ventura vs militante oct 5 1999
Ex: what if hapit na mahuman ang hearing
usa paka mu file ug motion to amend the Another case, santi vs clarabal 2010 amendment
complaint, there could be an intend to cannot be allowed when the court has no
delay jurisdiction over the original complaint and the
purpose of the complaint is to confer jurisdiction of
b. Amendment of complaint would confer the court.
jurisdiction on the court if naay responsive
pleading.
Ex: naka realize and plaintiff na way jurisdiction ang Section 4. Formal amendments. — A defect in the
court kay gi allege na amount kay 1M. Pede ba ma designation of the parties and other clearly clerical
increase nya ang amount para ma belong sa RTC or typographical errors may be summarily corrected
ang jurisdiction since sa RTC nya gi file ang case? by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is
- No, to confer jurisdiction on the part of court caused thereby to the adverse party. (4a)
over the SM cannot be done after the
responsive pleading has been filed. This can be done even without leave of court and
even after responsive pleading is filed burmahico vs

Malayan insurance com july 26 2010 it can be RULE 10

effective moto proprio or upon motion of a party.
Amended and Supplemental Pleadings
Section 1. Amendments in general. — Pleadings

Assignment Up to rule 19 may be amended by adding or striking out an
allegation or the name of any party, or by correcting
Prelim Friday: coverage up to last discussion a mistake in the name of a party or a mistaken or
inadequate allegation or description in any other
respect, so that the actual merits of the controversy
may speedily be determined, without regard to
technicalities, and in the most expeditious and
October 1, 2021 inexpensive manner.
Choy Section 2. Amendments as a matter of right. — A

party may amend his pleading once as a matter of
Last time we talked about among others the right at any time before a responsive pleading is
remedies served or, in the case of a reply, at any time within
ten (10) calendar days after it is served.
The default order- timan i
Amendments
Remember that we group the remedies into 3
- Whenever there is correction
1. After issuance of default order and there is
no judgement yet - There are changes in the pleadings
Remedy: motion to set aside default order - Corrections
2. Decision has been already rendered but has Amendment could be a matter of right or by leave
not yet become final and executory of court
Ren: appeal Matter of Right
MR - meaning there is no need for a party to file a
MNT motion in court before submitting an amendment
pleading. Basin mgtoo mo na ang amendment
applicable ras complaint. Applicable pod ni cya sa
3. If the decision has become final and
answer, reply, rejoinder, cross claim, 3 rd party
executory.
complaint etc.
Remedy: petition for relief of judgment
Ex: the plaintiff can amend the complaint even if he
Pet for cert under rule 65 ex. Defendant has change his cause of action as long as there is no
not been prop served with summons responsive pleading yet-a matter of right/absolute
right before the submission of the answer
Additional: annulment of judgment under
rule 57 – On the part of the defendant - amend his
answer before the filing of a reply
Ground:
Plaintiff-matter of right to amend his reply
1. lack of jurisdiction over the person or SM before a rejoinder is filed
2. Extrinsic fraud But once a responsive pleading has been filed then
the pleader has to ask permission in the court. Filed
3. Lack of due process a motion asking for leave to amend his complaint
Gomez vs Montalban march 14 2008 –although the Section 3. Amendments by leave of court. — Except
decision of the SC in this case does not give those all as provided in the next preceding Section,
those remedy that has given above substantial amendments may be made only upon

leave of court. But such leave shall be refused if it Motion for leave to amend shall be denied if the
appears to the court that the motion was made with pleading to be amended stated no cause of action
intent to delay or confer jurisdiction on the court, or form the beginning.
the pleading stated no cause of action from the
beginning which could be amended. Orders of the Ex: premature remember swagman hotel case.
court upon the matters provided in this Section shall
- Its about the filing premature case of action
be made upon motion filed in court, and after
notice to the adverse party, and an opportunity to Ex: contract of loan an wapa ma due nya gi filenan
be heard. na cya ug case, di pede ma amend kay premature
ang cause of action.
2 kinds of amendments:
- The complaint cannot be amended
1. Formal-clerical errors, correction of the
name of the party this can be done without
leave of court even after the responsive
pleading is filed Lets go now to sec 5. Under sec 5
2. Substantial –need leave of court. Although Section 5. No amendment necessary to conform to

the policy of the SC is to be liberal in granting or authorize presentation of evidence. — When
a motion so that the issues can be resolved issues not raised by the pleadings are tried with the
on the merits. SC –liberal in granting for express or implied consent of the parties, they shall
motion for leave be treated in all respects as if they had been raised
in the pleadings. No amendment of such pleadings
However if the amendment is intended to deemed amended is necessary to cause them to
cause delay. Ex: plaintiff gusto I amend ang conform to the evidence.
complaint nya hapit na mahuman ang trial
sa kaso the dame is to be denied bec it Kana mn gud kaso during pre trial mg sabot nana
would delay the proceedings. The same with unsay issue. The issues shall be define.
the defendant amending his answer.
Ex: collection of sum of money
Kanang issue moo nay gilalisan sa mga parties, ang

- Di pod pede ang amendment to confer kanang gi admit ni cya issue.
jurisdiction of the court
Muingon ang Plaintiff sa complaint that the def has
- basta duna nay responsive pleading not obtain a loan
- Katong giingun nako last time na naay Def in answer: admitted
conflicting ruling kato tung wa pay
responsive pleading na file Di nana issue if ng huwam cya or dili that is already
admitted – no longer an issue
- Naay uban niingun na pede. Naa pod uban
rulings niignun na dili pede bec if the court Moo ni allegations sa P2. P3 nga despite demands
has no jurisdiction. It has no other remedy but the defendant failed to pay so ex gi admit na
to dismiss the case. nakautang but gi deny na he fiald to pay bec the
thrut od the matte he has fully paid his loan or
Mg ask ka unsay akong personal opinion (judge), partially paid his loan.
mu refer ta sa criminal procedure- basta wa pa ma
arraign ang accused pede pa ma amend even if If muingon ang def na naka pay na cya but muana
the purpose is to confer jurisdiction. Kanang ang Plaintiff na wala pa- that is already an issue nga
arraignment equivalent na cya sap g file ug answer/ WON the def has already paid his loan
responsive pleading.
During trial the P mu present ug witness na ang def
If ato I compare sa crim pro pede pa basta wapay wa jud kabayad ang def sd mu present s dug
resp pleading. But ako ni personal opinion but naa evidence na nakapay cya.
say jurisprudence ng ingun ani na pede ba basta
wa pay resp pleading filed. de lima vs guerrero oct What if sa complaint wala ma alleged na prior to the
10 2017 filing of the case there was a demand to pay-
essential manang demand to pay. Before filing a Now, dunay 2 ka possibilities:

case it is required that there is demand to pay
otherwise the case should be dismiss in the ground If mu object ang pkas what will happen?
of failure to state a cause of action. Wala ma
Supposed the D will object to the presentation of
himong issue if diha bay demand to pay or not.
evidence to prove a fact that it is not alleged in the
During the presentation of evidence ang P mi
pleading, kung muingon ang D na partially paid
present ug demand letter supposed to be that is
unya fully paid diay mo object diay ang opponent.
irrelevant kay wa mn mahimong issue since wa ma
alleged. Old rules: it is stated that pede ma amend but dili
deemed amended kay naay may objection.
Supposed to be the D will object, the presentation
to evidence na way labot sa issue is objectionable If naay objections, the pleading must be AMENDED
or prohibited but if di mu object and D deemed not deemed amended.
admitted
Unsay buhaton? Na duna naman responsive
Atty: when the D failed to pay his loan when due pleading ng hearing nman.
date came what did you do?
OLD RULES: the rules allow the filing of a motion for
P: I sent a demand letter leave to amend the complaint/answer
Atty: showing to you the demand letter is this the one Ang problem karun sa NEW RULES, wala na ang
you are referring to? maong provision na pede I amend if naay
objection.
P: yes this is the one
Experts: with the amendment now wherein the
Wa mi object ang D, what will happen now?
provision regarding the allowance of amendments
- The complaint although it does not state that if there is objections, acc to experts di na ni pede.
there is demand letter, it will be deemed
Basta naay objection di na pede mu file ug motion
amended.
to amend but naay jurisprudence na to the effect
Unsa nang deemed amended? bsan pa ug naay objection sa evidence but if it is
not prejudicial to the adverse parties I asdmit ra ang
- Isipon na nausab ug na alleged ddto ang evidence.
demand to conform with the evidence
presented Acc to the SC: the forgoing provisions envisions 2
scenarios:
One case, ang D mi angkon cyan a partially paid
na dunay remaining balance 200K na byrunon. It is 1. When evidence is introduced, in an issue not
about a deed of sale. Of a parcel of land. Gikihaan alleged in the pleading and no objection is
cya kay wa kuno cya kabayad sa 500K na utang imposed and when there is no objection the
ingun ang D na ang kulang 200k nalng. Issue ato: pleading would be deemed amended
WON he is liable to pay the 500k
2. When the evidence is offered and the
During the presentation of evidence mi present ang adverse party objected bec it is irrelevant
D ug receipt signed by the P na FULLY PAID na cya. kay wa maapil sa issue.
Wa mi object ang pikas, unsay mahitabo?
When the issue is tried without the obj of the
- The answer would be deemed amended. parties it should be treated in all respect as if
it hs been raised in the pleading, on the other
Iya gibutang sa answer na partially paid but ang gi hand if there is objection the evidence
present na evidence is fully paid. Si the answer would be admitted when its amendment will
would be deemed amended to conform to the not prejudiced the adverse party. De lacruz
evidence presented. It there a need to amend the vs conception oct 11 2012
answer?
2019 amendment: 2 and 3rd sentence of sec 5 has
- NO bec it is deemed amended been deleted

- pede ang amendment bsan di related sa Ang kanang supplemental pleading isa ray cause of
issue as long as it will not prejudiced the action ana-mu supplement lng cya because of the
accused. Pal inc vs pal employees savings happening of an event
and loan association feb 10
Ex: one case, young vs Sy, P field a civ case against
Section 6. Supplemental pleadings. — Upon motion D ,praying that REM/foreclosure/EJ sale executed
of a party, the court may, upon reasonable notice by her mother be nullified. So ni file cyag kaso for
and upon such terms as are just, permit him or her to nullification of the EJ/REM/ foreclosure. While the
serve a supplemental pleading setting forth case is pending the title to the mortgaged property
transactions, occurrences or events which have is consolidated under the name of the defendants.
happened since the date of the pleading sought to So the P filed a motion to admit supplemental
be supplemented. The adverse party may plead complaint praying that she be allowed to exercise
thereto within ten (10) calendar days from notice of the right of redemption. Is the supplemental
the order admitting the supplemental pleading. amendment meritorious?
- there must be a leave of court YES, young vs SY, bec the consolidation of title under
the defendants name happened after the filing of
Unsay diff sa amended pleading vs supplemental P the complaint.
AMENDED PLEADING-supersedes the Section 7. Filing of amended pleadings. — When

original- I amend gni nimo complaint ilisdan any pleading is amended, a new copy of the entire
nana, the amended pleading replaces the pleading, incorporating the amendments, which
original shall be indicated by appropriate marks, shall be
filed.
Section 8. Effect of amended pleadings. — An

While the SUPPLEMENTAL PLEADING- does amended pleading supersedes the pleading that it
not replace the original but will supplement amends. However, admissions in superseded
or add something to the original, the 2 exists. pleadings may be offered in evidence against the
pleader, and claims or defenses alleged therein not
Amendment P as a matter of right particularly when
incorporated in the amended pleading shall be
there is no responsive pleading filed
deemed waived.
AMENDED PLEADING-refers to facts existing
prior to the time of the filing the original The amended pleading supersedes the original.
pleading. Nana cya pg file sa orginal but
Supposed the amended pleading, has allegations
nakalimtan lang ug alleged.
which are prejudicial to the pleader, what if sa
answer mi claim ang D ug mi admit na nakautang
cya nya mi admit na was d cya kabayad. Karun wa
SUPPLEMENTAL PLEADING: refers to facts pamay reply. Iyang gi amend so a matter of right
which happened after the filing of the kay wa pamay reply and this time iyang gi deny na
original pleading. Later on na cya mi occur wa cya kautang kay acc to him falsified. Unsay
mahitabo sa admission sa original answer na
TN: distinctions prejudicial nya against his interest?
Young vs sy sept 6 2006 - It would no longer considered as judicial

admission, but it can still be offered in
Also the case of lambino vs Presiding judge of RTC evidence during the trail, markahan as
172 valenzuela city jan 24 2007 exhibit then offered as evidence. Bastida vs
minsi 37 phil 188
The admission of a supplemental pleading is not a
matter of right but is discretionary on the part of the Kanang ipang suwat sa motions kung against the
court lambino vs presiding judge 172 interest of the pleader these are considered as
judicial admissions. If I amend na cya it would no
Leobrera vs CA feb 27 1989
longer be considered as judicial admission. Why?

- Kay gi superseded nmn cya it would reduce within thirty (30) calendar days after being served
to a merely extrajudicial admission. Relate it with a copy thereof.
to evidence kay kanang extrajudicial
admission need I offer as evidence. Where its filing is not a matter of right, the defendant
shall answer the amended complaint within fifteen
Just remember unsay effect. (15) calendar days from notice of the order
admitting the same. An answer earlier filed may
RULE 11 serve as the answer to the amended complaint if no
WHEN TO FILE RESPONSIVE PLEADINGS new answer is filed.
Section 1. Answer to the complaint. — The This Rule shall apply to the answer to an amended
defendant shall file his answer to the complaint counterclaim, amended cross-claim, amended
within thirty (30) calendar days after service of third (fourth, etc.)-party complaint, and amended
summons, unless a different period is fixed by the complaint-in-intervention.
court.
Is there a need to serve summons if the complaint is
TN: calendar days na –within 30 calendar days amended?
unless fix by rules
- if the D has already been served with summons and
- Under sec 11 of this rule, a defendant may the complaint is amended-there is no need to serve
file a motion for extension of time-not more another summons. So 30 calendar days if amended
than 30 days kausa ra mangau ug extension as a matter of right and na servan na ug summons.
if not a matter of right – 15 calendar days only from
- Sauna 15 days rnan karun kay 30 days na receipt of the order.
- Sauna way limit bsan kapila mangau ug
Section 4. Answer to counterclaim or cross-claim. —
extension karun kausa nalang.
A counterclaim or cross-claim must be answered
within twenty (20) calendar days from service.
Section 11. Extension of time to file an answer. — A
defendant may, for meritorious reasons, be granted
Although it is not mandatory but if the P wishes to file
an additional period of not more than thirty (30)
his answer in counterclaim-20 calendar days.
calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time Di pede ma declare in default if the nature of the
to file an answer. counterclaim is compulsory, Sa cross claim pod way
default.
A motion for extension to file any pleading, other
than an answer, is prohibited and considered a There is default in permissive counterclaim. The P
mere scrap of paper. The court, however, may allow may be declared in default if he fails to answer a
any other pleading to be filed after the time fixed by permissive counterclaim.
these Rules
TN: lahi ang answer to counterclaim and lahi sd ang
As a rule the period is 30 days but naay instances na reply.
60 days cya as exception
Section 5. Answer to third (fourth, etc.)-party
Section 2. Answer of a defendant foreign private complaint. — The time to answer a third (fourth,
juridical entity. — Where the defendant is a foreign etc.)—party complaint shall be governed by the
private juridical entity and service of summons is same rule as the answer to the complaint. (5a
made on the government official designated by law
to receive the same, the answer shall be filed 3rd party complaint – the same rule in complaint so
within sixty (60) calendar days after receipt of 30 cal days
summons by such entity.
Section 6. Reply. — A reply, if allowed under Section
What about if the complaint is amended? 10, Rule 6 hereof, may be filed within fifteen (15)
calendar days from service of the pleading
Section 3. Answer to amended complaint. — When responded to.
the plaintiff files an amended complaint as a matter
of right, the defendant shall answer the same

Reply- is only allowed when there is actionable allowed to file one (1) motion for extension of time
document if there is none –not allowed- it is filed 15 to file an answer.
calendar days
A motion for extension to file any pleading, other
Rejoinder is only mandatory when the reply filed by than an answer, is prohibited and considered a
the P was attached by AD mere scrap of paper. The court, however, may allow
any other pleading to be filed after the time fixed by
Section 7. Answer to supplemental complaint. — A these Rules.
supplemental complaint may be answered
within twenty (20) calendar days from notice of the Pila ka motion I file?
order admitting the same, unless a different period is
fixed by the court. The answer to the complaint shall - Only 1. The submission of other pleadings
serve as the answer to the supplemental complaint (reply or rejoinder) filing a motion for
if no new or supplemental answer is filed. extension is not allowed but the filing of a
LATE RESPONSIVE PLESDING aside from
- 20 cal days answer is allowed.
Section 8. Existing counterclaim or cross-claim. — A - Ang reply 15 cal days but if maabot ug 20
compulsory counterclaim or a cross-claim that a cal days pede I allow sa court.
defending party has at the time he files his answer
Pede ba I allow sa court ang pg file sa late reply?
shall be contained therein. (Otherwise it shall be
considered barred.) - yes pede discretion sa court
- –pero allowed mo fie lug amendment or Old rules:
supplemental pleading.
If the court has not declared the defendant in
- Atong nabaw an na kanang compulsory default bsan duna nay motion to declare the
counterclaim ug cross claim dapat I alleged defendant in defaut kay ng fiel na ug motion ang P,
sa complaint otherwise barred. that means mi lapse na ang periods to answer but if
wala pa ni declare ang court ug default-pede pa I
What if, due to excusable neglect, nakalimtan- allow sa court ang late filing.
unsay remedy?
Paramount insurance corp vs AC Ordonez corp aug
- pede i-amend ang complaint. It can be a
6 2008 . Submission of a late answer is allowed
matter of right when there is not responsive
provided no the court has not issued a default order.
pleading yet field and with leave of court if
there is responsive pleading already served. NEW RULES
Section 9. Counterclaim or cross-claim arising after A motion for extension to file any pleading, other
answer. — A counterclaim or a cross-claim which than an answer, is prohibited and considered a
either matured or was acquired by a party after mere scrap of paper. The court, however, may allow
serving his pleading may, with the permission of the any other pleading to be filed after the time fixed by
court, be presented as a counterclaim or a cross- these Rules.
claim by supplemental pleading before judgment.
So ang question, pede ba na dawaton sa court ang
Section 10. Omitted counterclaim or cross-claim. — late answer if wa pa ka issue ug default order?
When a pleader fails to set up a counterclaim or a
cross-claim through oversight, inadvertence, or That is now doubtful if madawat ba kay sa rules The
excusable neglect, or when justice requires, he may, court, however, may allow any other pleading to be
by leave of court, set up the counterclaim or cross- filed after the time fixed by these Rules. Sa ato pa
claim by amendment before judgment. pede ang late filing sa late pleading other than
answer.
Section 11. Extension of time to file an answer. — A
defendant may, for meritorious reasons, be granted RULE 12
an additional period of not more than thirty (30) BILL OF PARTICULARS
calendar days to file an answer. A defendant is only
Section 1. When applied for; purpose. — Before
responding to a pleading, a party may move for a
definite statement or for a bill of particulars of any amended pleading, serving a copy thereof on the
matter, which is not averred with sufficient adverse party. (3
definiteness or particularity, to enable him or
her properly to prepare his or her responsive The purpose acc to the SC is not only for the adverse
pleading. If the pleading is a reply, the motion must party to file a resp pleading but to prepare an
be filed within ten (10) calendar days from service intelligent responsive pleading.
thereof. Such motion shall point out the defects
complained of, the paragraphs wherein they are Ex: to make the P make the allegations more
contained, and the details desired. particular, what should the P do? He should comply
the order of the court either by amending his
Unsay remedy sa defendant if the allegations in the complaint or by submitting a separate supplemental
complaint is vague? Or uncertain? Confusing? pleading.
Unsay remedy sa def arun matarung nya ug
answer? Section 4. Effect of non-compliance. — If the order
is not obeyed, or in case of insufficient compliance
Applicable ni cya sa any pleading na mg need ug therewith, the court may order the striking out of the
responsive pleading (answer or reply) ha di lang kay pleading or the portions thereof to which the order
sa complaint. was directed or make such other order as it deems
just.
- the remedy if the allegations in the
complaint are vague is bill of particulars What will happen if the P for example if he is the one
who is ordered by the court to make his complaint
- buhaton sa defendant before filing his more particular and he failed to comply it?
answer arun matarung ug tubag-he can file
a motion for bill of particulars. - The complaint shall be dismissed for failure
to comply with the order of the court. Under
Unsa manang motion for bill of particulars? sec 3 rule 17
- Hangyoon nya ang court na orderan ang - or the court may order to strike out the
plaintiff na ipa klaru unsay pasabot nya. pleading or a portion thereof.
Ex: sa complaint (annulment of contract on the Ex: answer-and the D refused to make it more
ground of fraud) gibutang ra ddto na the particular. Muingon cya nakabayad cya and ni
defendant is guilty of fraud. This is vague. Unsa ang attach cya ug receipt. The P may file a motion for
mga acts that def committed that constitutes fraud. bill of particulars to make the payment made more
Nganu nakaingun ang P na nangilad ang D. particular as to the date, how much, who may
receive the payment, what is his proof etc.
- so file a motion for bill of particulars, he
would ask the court to issue an order Section 5. Stay of period to file responsive
requiring the P to make such allegation pleading. — After service of the bill of particulars or
more particular more specific, so that he of a more definite pleading, or after notice of denial
can respond (deny or admit) intelligently. of his motion, the moving party may file his
responsive pleading within the period to which he
Section 2. Action by the court. — Upon the filing of
was entitled at the time of filing his motion, which
the motion, the clerk of court must immediately
shall not be less than five (5) calendar days in any
bring it to the attention of the court which may either
event. (5)
deny or grant it outright, or allow the parties the
opportunity to be heard What will happened to the period for ex the D will file
his motion for bill of particulars, what will happened
Section 3. Compliance with order. — If the motion is
to his 30 cal days to file an answer?
granted, either in whole or in part, the compliance
therewith must be effected within ten - the same shall be stayed, he will have the
(10) calendar days from notice of the order, unless a remaining period after the ocurt shall have
different period is fixed by the court. The bill of ruled his motion. If the court has denied then
particulars or a more definite statement ordered by he has to answer within the remaining
the court may be filed either in a separate or in an period. But the remaining period shall not be
less than 5 days.
What if mu file cya ug motion for bill of particulars 2 court then the court acquires jurisdiction over the
days before the deadline? Pila nlng ka adlaw iya person of the defendant.
kulang?
Jurisdiction over the person of the defendant is
- Automatic 5 days acquired either upon valid service of summons or
upon voluntary appearance in court or voluntary
Section 6. Bill a part of pleading. — A bill of submission to the J of the court. Manotok vs CA aug
particulars becomes part of the pleading for which 16, 2006.
it is intended.
Voluntary appearance is equivalent to service of
Bill of particulars shall become part of the pleading summons. Voluntary appearance is not only limited
if what is files is supplemental pleading. to the physical appearance in court, it includes filing
of motions or pleadings other than filing a motion or
pleading questioning the J of the court over his
person.
JUMP to RULE 14-A VERY IMPORTANT RULE!!!!!
If mu file cya ug motion or pleading questioning the
RULE 14 J of the court over his person-he is not deemed to
SUMMONS have submitted to the J of the court. Pero if di gni I
raise or I allege, he is deemed to have submitted to
Section 1. Clerk to issue summons. — Unless the
the J of the court.
complaint is on its face dismissible under Section 1,
Rule 9, the court shall, within five (5) calendar days Whatever pleading or motion ha!
from receipt of the initiatory pleading and proof of
payment of the requisite legal fees, direct the clerk Ex: there is improper service of summons so the court
of court to issue the corresponding summons to the cannot acquire J over the persons of the def. a
defendants. motion for extension of time was filed. (you are
asking for a relief from the court). Then you are
What do you mean by summons? deemed to have submitted to the J of the court.
- summon is a writ by which a defendant is What if improper ang pg serve sa summons, he filed
notified of the action from the complaint a motion for motion for extension to file answer.
filed against him. San pedro vs ong Gitagaan cya ug another 30 days but og file nya ug
answer gibutang nya na the court has not acquired
A summon contains a directive that D should file his J over his person due to improper service of
answer within the period of 30 days from receipt of summons. Pede pa ba na?
summons unless different period is fix. There must be
a warning that unless the defendant so answers, P No more because he filed earlier a motion for
will take judgment by default against him and may extension of time to file an answer.
be granted the relief applied for. Sec 2 rule 14.
So I raise na sa first motion/pleading na I file sa court-
Attached to the summons is the copy of the if not raised then WAIVED.
complaint and annexes.
Another ex: vol appearance:
Why is it that proper service of summons is very
important? - motion to set aside default order
TN: through a VALID service of summons the court - MR

can acquire jurisdiction over the persons of the
defendant. IOW when the summons is improperly Now, there are 2 purposes of summons:
served or there is absence of the service of summon,
1. To acquire jurisdiction over the person of the
the court cannot acquire jurisdiction over the person
defendant
of the defendant. Bisan ug madawat pa na nya ang
complaint but if improper ang pg served sa 2. To notify the D that a case has been filed
summons, the court cannot acquire jurisdiction over against him so that he may be given an
the persons of the defendant UNLESS the def even if opportunity to be heard.
there is no summons served on him, even if improper
service of summons, the def voluntary appears in
Sa ato pa diay na service of summons has Where the denial of the fundamental right to due
something to do with due process bec process, decision rendered in disregard of this right
without summons the D may not know that is void bec the court is ousted from its jurisdiction.
there is a pending case against him and his IOW regardless of the nature of the case, proper
property may be at stake. Remember that it service of summons is required. De pedro vs romasan
is a constitutional right that no person shall development corp. nov 26 2014.
be deprived of life, liberty or property without
due process of law. The service of summons is an indispensable
requirement of the defendants constitutional right of
Sa ato pa if there is improper/absence of service of DP which constitutes of a notice and hearing.
summons and the D has not made a voluntary
appearance, the decision of the court would be Notice means that the person with interest in the
void. San pedro vs ong oct 17 2008 litigation be informed of the complaint.
Why? Hearing means that the party is given the

opportunity to be heard in connection to their
1. Lack of J over the person of the D respective interest. Belo vs mar Antonio sept 8 2020.
2. There is a denial of due process In this case of belo v mark Antonio, there is improper
service of summons and yet he was declared in
it is very important bec in action in personam, the default and the court rendered judgment. Unsay
purpose of summons is twofold. Kato akong giingun remedy?
gnina na to acquire J over the person of the
defendant. Required to cya sa action in personam. - MR/MNT
Sa action in personam 2 purpose: He filed a MNT with prayer to set aside the default
order. He argued that there was improper service of
1. Acquire J over the person of the D summons. TN: katong FAME ma raise lang if proper
ang pg served sa summons. And he be allowed to
2. Comply with the requirement of DP
present evidence but his motion was denied for new
Sagana v Francisco oct 2 2009 trial for him to present evidence. did the court
acquired J over the person of the D?
What about in action in rem or action in rem?
- -Yes, while it is true that there is improper
- In action Q in rem and action in rem we have service of summons but he filed a motion to
learned that acquiring J over the person of set aside the default order for new trial then
the D is not required as long as the court has he is deemed to have submitted himself to
acquired J over the property or over the res. the J of the court. Even if the court has
acquired J over his person yet the decision
Why is it service of summons is important? of the trial Court is void because he was
denied of his right to due process. He was not
- in compliance with the due process given an opportunity to present evidence.
So if di cya ma servan ug summons or the service is Lahi ni sa situation nga there was proper declaration
improper then the decision is null and void bec there of default and wala mi file ug answer – no denial of
is denial of DP. Arieta vs arieta nov 19 2018 DP bec he was given an opportunity to be heard
(submit his answer and participate in trial) but he
In action in rem and Q in rem J over the person of
forfeited such right.
the D is not a pre requisite to confer J over the court
provided the court has acquired J over the res. Frias Remember that right to DP is just a mere opportunity,
vs alcayde feb 8 2018 you can waived it. If proper ang pg served sa
summons and wala jud ka mu answer then you are
However, summons may still be required to serve the
giving your right to DP. Katong belo case,wala cya
defendant in compliance with the re of the due
mi waived in fact he was not given an opportunity
process otherwise the court’s decision may be
to present evidence. he filed a motion for new trial
ousted for violation of the constitutional right. Arieta
(present evi) ang iyang gi waived kay kato rang J
vs arieta nov 19 2018
over his person but not his right to DP.

Is there a need to served summons to 3rd party with prejudice, the proceedings shall be nullified,
defendant? and the plaintiff shall be meted appropriate
sanctions.
- YES
If summons is returned without being served on any
Can a 3rd party defendant be declared in default? or all the defendants, the court shall order the
plaintiff to cause the service of summons by other
- YES
means available under the Rules.
Section 2. Contents. — The summons shall be Failure to comply with the order shall cause the
directed to the defendant, signed by the clerk of dismissal of the initiatory pleading without prejudice.
court under seal, and contain:
Who can served summons? Pede ba ang court
(a) The name of the court and the names of interpreter or court researcher mu served sa
the parties to the action; summons?
(b) When authorized by the court upon ex - -NO naay employee sa court na mu served
parte motion, an authorization for the sa summons (sheriff and process servers)
plaintiff to serve summons to the defendant; MTCC –walay sheriff but process server ra but
sa RTC-sheriff and process server.
(c) A direction that the defendant answer
within the time fixed by these Rules; and Who can served summons?
(d) A notice that unless the defendant so - Not just any court personnel are allowed to
answers, plaintiff will take judgment by served summons, the sheriff or his deputy
default and may be granted the relief such as the process server.
applied for.
What if bakante ang position sa sheriff kay ng resign
A copy of the complaint and order for appointment or ng retire nya wala sd process server, pede ba any
of guardian ad litem, if any, shall be attached to the court personnel?
original and each copy of the summons.
- pede but there must be an order of the court
-among others there is a directive to file an answer authorizing him to served summons.
otherwise he can be declared in default.
BAR Q:
Section 3. By whom served. — The summons may be
Pede ba court stenographer?
served by the sheriff, his deputy, or other proper
court officer, and in case of failure of service of - No unless the position of the sheriff/ process
summons by them, the court may authorize the server is vacant.
plaintiff - to serve the summons - together with the
sheriff. Under the present amendment, the P may be
authorized by the court to served summons.
In cases where summons is to be served outside the
judicial region of the court where the case is Pede ang plaintiff sugoon sa court to served
pending, the plaintiff shall be authorized to cause summons.
the service of summons.
In what instances that the P is authorized by the court
If the plaintiff is a juridical entity, it shall notify the to serve summons?
court, in writing, and name its authorized
representative therein, attaching a board resolution 1. When there is failure to served summons
or secretary's certificate thereto, as the case may made by the sheriff or process server.
be, stating that such representative is duly
authorized to serve the summons on behalf of the
plaintiff. What if ng ka boang ug pangita ang sheriff kay ang
If the plaintiff misrepresents that the defendant was address insufficient gibutang lang labangon, cebu,
served summons, and it is later proved that no city or osmena boulevard. In that situation, the sheriff
summons was served, the case shall be dismissed will fiel a report that he oculd not find the address of
the D bec the address given in the complaint is How many days should summons be issued from the
insufficient. So this time the court may direct the P to filing of the complaint?
accompany/ to serve together with the sheriff.
- 5 cal days from the filing and the proof of
Kanus a ka makaingun nga there is failure? payment of the docket fees.
- -when there is attempts to serve summons on After the issuance, should the S served the
the D. dili pede na muditso ingun na ang P summons?
nalang pa servehon kay way trabaho na
ang S ug PS. - it shall be served within the period of 30 cal
days from receipt of the copy of the
2. Where the summons is to be served outside the summons. Sec 20 rule 14.
judicial region of the court where the case is
pending. Section 4. Validity of summons and issuance of alias
summons — Summons shall remain valid until duly
- kada court dunay judicial region, mura rna ug served, unless it is recalled by the court. In case of
political region giusab lang, so region 7 political loss or destruction of summons, the court may, upon
region nato na. 7th judicial region nas court. If the D motion, issue an alias summons.
is residing in manila then the court will authorized the
P to serve the summons in manila. There is failure of service after unsuccessful attempts
to personally serve the summons on the defendant
OLD RULES: in his address indicated in the complaint. Substituted
service should be in the manner provided under
Ang Sheriff jud ang u serve, pletehan sa plaintiff. But Section 6 of this Rule.
there is another way to save expenses. Ang clerk of
court sa court na diin pending ang kaso mo How long shall a summons remain valid?
coordinate sa clerk of court na dunay jurisdiction in
the place where the defendant lives. - it has no expiration date, just like a warrant
of arrest.
Ex: D tga quezon city, the COC will send the letter to
the COC of Quezon City that the summons will be - valid until duly served or recalled by the
served by a sheriff or process server of the court. court.
But I don’t know if mu apply paba ni karun kay karun What if the summons are lost or destroyed? What if
the court may deputized the Plaintiff as a sheriff nya the process server ng sakay ug motor unya
mu submit sd cya ug report na kung na served ba or naulanan intawn. Nagisi ang summons unsaon
not . mana run?
Supposed the P will just concoct or make a - an alias summons is issued, (exactly the same
representation in court that the summons has been summons)
served and the complaint were properly served
were in fact it wasn’t served or improperly served. Ang plaintiff toa sa manila nya naulanan nagisi ang
summons. What should he do?
- that is contumacious and will cause the
dismissal of the case without prejudice to - the plaintiff may file a motion for issuance of
other liabilities to the P. an alias summons. (if lost or destroyed)
3. When the summons is returned without being

served either personally or thru substituted service.
VERY IMPORTANT!!!
The court can order the plaintiff to cause the service
of summons by other means available such as How may summons serve on the defendant?
publication.
1. Service in person (sec 5)
In corporation:
2. Substituted service (sec 6)
Give it to the authorized representative (authorized
by the BOD) to served summons on the D on behalf
of the P.

3. Summons by publication with The sheriff should leave sa copy of the summons in
complementary service of summons by the presence of the D and within hi view. Need
registered mail (sec 14, 16, 17) makakita cya asa gibutang.
4. Extra territorial service of summons (sec 17) S: ako ning ibutang sa lamisa sir kay di mn ka
mudawat (in the presence and within his view)
5. Service of summons consistent with
international convention (sec 9) What will happen if di na ma follow?
Among these enumerations, what is the most - there is improper service of summons
preferred mode of service?
The modes of service of summons must be strictly
- Service in person/ personal service. The most followed in order for the court to acquire J over the
appropriate term is service in person persons of the D. the purpose of this is to afford the
D an opportunity to be heard on the claim against
Section 5. Service in person on defendant. — him. Express padala vs ocampo sept 6 2017.
Whenever practicable, the summons shall be served
by handing a copy thereof to the defendant in Regardless of the type of action (in rem, Q in rem,
person and informing the defendant that he or she personam) service in person is the preferred mode
is being served, or, if he or she refuses to receive and of service of summons. De pedro vs romasan dev
sign for it, by leaving the summons within the view corp nov 26 2014
and in the presence of the defendant.(6)
Such mode of service of summons most effectively
How is service in person is made? ensures that the notice desire under the
constitutional requirement bec it is the defendant
- by handing or giving a copy of the summons himself who received the summons.
to the D in person.
Service in person- moo juy ipa avail kay moo rmn ni
na mode na makasiguro ka na nadawat jud sa D.
- cya jud mismo ang imohang tagaan bsan Is it necessary to serve the summons upon the
ngtupad pa cla sa iyang asawa nya ang defendant upon his residence? What if ang process
asawa muingon “ambi lang na bi” ayaw kay server ddto sa balay per wala ddto ang defendant
ang defendant dapat jud. Kay if adto ihatag but ng kita cla sa SM. Iyang gitagaan ug summons.
sa asawa, dili na service in person kay di mn Is it valid?
cya ang defendant.
- YES, the place where the summons is served
is immaterial as long as the summons is
served upon the defendant.
- the sheriff should inform or tell the defendant
that he is being served with summons. “ ako Ngkakita cla sa CR, papirmahon. Pede na?
kang ghatagan aning summons kani
mahitungod ni cya sa kaso” - Yes
Supposed the D would refused or would receive but Can it be served on Sundays?
refused to sign. Unsaon?
- Yes, the time and place does not matter as
- the sheriff should indicate in his return that long as the summons is personally served
the defendant received a copy but refused
Personal service of summons has nothing to do with
to sign.
the location where the summons is served. Manuel
Supposed he would refused to receive and sign? vs ong oct 15 2014
S: sir naa koy ihatag nmo naa kay case sa court It can be served on the defendant in his residence,
office, place of business or anywhere he is found. If
D: di ko mudawat ana dad a na balik. the defendant refused to receive, it shall be
tendered to him. De pedro vs romasan

The rules do not require that the summons be served - a person at least 18 yrs old (di jud pede
on the defendant in the place indicated in the minor)
summons. It can be served during the day or night,
on Sundays and holidays because of its ministerial - sufficient discretion
character laos vs CA march 8 1993. (bar q)
- residing therein
The D filed a motion to dismiss (pede pmn ang MD
what if iya edad is 30 but iyang panimoot naa sa 10
sauna) for lack of J over his person because the
yrs old. Pede or not?
summon is improperly served bec it was served on a
Sunday. Proper ba ng service? - Dili bec he is not a person of sufficient
discretion.
- -YES
He is 30 yrs old with sufficient discretion, brother cya
Supposed there is improper service of summons,
sa defendant but he happens only to be visiting
what if pg adto sa S wala dha ang D.
therein. Tga Mindanao cya and he happens to be
Maid: hala sir gabii na rba ni cya muuli sir on vacation for 3 days only. Pede ihatag nya?
S: uy wa nmn mi office hours ana, ako nlng ibilin nmo - NO bec he is not residing therein.
be. Ihatag ha.
(b) By leaving copies of the summons at the
Is that proper? defendant's office or regular place of
business with some competent person in
- NO that is improper need na mubalik usa charge thereof. A competent person
cya ug ika 3. 3 attempts on 2 different dates includes, but not limited to, one who
within 30 days to serve the summons customarily receives correspondences for
personally. the defendant;
TN: What if di makit an sa balay or walay balay?

- 3 attempts - pede sa office or regular place of business
- 2 different dates –dili pede na balikon ng
udto nya ang ika 3 balik adto sa hapon, it
must be on 2 diff dates. - the copies of the summons must be left in
some competent person in-charge therein.
- 30 days Di pede bsan knsa binlan ha, di pede janitor
unless he is authorized to receive
Kapila nmn jud balik baliki sa sheriff wa mn jud
communications.
naabtan. After 3 attempts on 2 diff dates the S can
resort to substituted service of summons. Competent-branch manager, secretary, guard
- this time the place of residence matters TN: substituted service of summons can be availed
of if personal service cannot be availed of.
Section 6. Substituted service. — If, for justifiable
causes, the defendant cannot be served personally Acc to the SC: substituted service derogates or
after at least three (3) attempts on two (2) separate departs from the regular method of personal
dates, service may be effected: service. It is an extra-ordinary method since it seeks
to bind the respondent or defendant to the
(a) By leaving copies of the summons at the consequence of the suit even though notice of
defendant's residence to a person at action is serve not upon him but upon another to
least eighteen (18) years of age and of whom the law would only presume would notify him
sufficient discretion residing therein; of the pending proceeding.
4 ni ka requirements sa letter A: A safeguard measure for this drastic manner of

bringing in a person to answer for a claim, it is
- defendant’s residence required that statutory restrictions for substituted
service must be strictly, faithfully, fully observed. (3,
2, 30 rule) mangudadatu vs HRET dec 18 2008.
Resort to substituted service must be fully justified October 8, 2021

and complies strictly with the requirements of the
rules. Juaminal v Castillo oct 8 2003 / belo vs mark Sherre
Antonio
Kaning mao na circumstance need I write sa return CONTINUATION-----------

sa sherriff like katong 3 attempts 2 diff dates and the
reason why the personal service failed, if di masulat
the service is improper. Section 6. Substituted service. – If, for justifiable
causes, the defendant cannot be served personally
(c) By leaving copies of the summons, if
after at least three (3) attempts on two (2) different
refused entry upon making his or her
dates, service may be effected:
authority and purpose known, with any of
the officers of the homeowners' association (a) By leaving copies of the summons at the
or condominium corporation, or its chief defendant’s residence to a person at least
security officer in charge of the community eighteen (18) years of age and of sufficient
or the building where the defendant may be discretion residing therein;
found; and
(b) By leaving copies of the summons at [the]
(d) By sending an electronic mail to the defendant’s office or regular place of business
defendant's electronic mail address, if with some competent person in charge thereof.
allowed by the court. A competent person includes, but is not limited
to, one who customarily receives
correspondences for the defendant;
(c) By leaving copies of the summons, if refused
entry upon making his or her authority and
purpose known, with any of the officers of the
homeowners’ association or condominium
corporation, or its chief security officer in charge
of the community or the building where the
defendant may be found; and
(d) By sending an electronic mail to the defendant’s
electronic mail address, if allowed by the court.
(7a)
The rule on SERVICE OF SUMMONS is very important

because if the same is not followed, the court may
not acquire jurisdiction over the person of the
defendant.
TN: Modes of Serving Summons
Service in Person- preferred mode of service of

summons
If the defendant, if it impossible for the defendant to

be served with summons then substituted service of
summons may be resorted to. But TN of the requisites
in order for the substituted service of summons to be
VALID. Under Sec. 6, Rule 14.

There are several ways of making substituted service Which eventually resulted in the failure to prove
of summons but then again, substituted service of impossibility of prompt service. Several attempts
summons could only be validly availed of when: means 3 tries on 2 different dates.
- it is impossible to serve summons to the
defendant in person.
TN (Imporatante daw)
- WHEN it can be said that it is impossible to
The circumstances why the attempts to serve
serve promptly summons upon the
summons upon the defendant failed MUST be
defendant in person- only when sheriff or the
described/ stated in the RETURN.
process (?) server has made 3 attempts on 2
different dates within 30 days.
What is a return?
Ways of Effecting Substituted Service of Summons It is the report of the sheriff or process server
regarding the service of summons.
(mentioned in section 6)
- Return= report!
a. By leaving copies of the summons at the
defendant’s residence to a person at least - it must be STATED in the return:
eighteen (18) years of age and of sufficient
 the dates when the attempts were
discretion residing therein;
made, and
 the reason why the attempts failed.
According to the SC substituted service derogates
or departs from the regular method of personal
service. It is an extraordinary method since it seeks Suppose it is NOT STATED in the return?
to bind the respondent or the defendant to the
Then the service of summons may be considered as
sequences of a suit even though notice of such
INVALID.
action is served not upon him but upon another
person to whom the law could only presume would
notify him of the pending proceeding.
What is the effect when the service of summons is
Mangudadatu v. HRET, December 18, 2008 invalid?
The court will not acquire jurisdiction over the person
of the defendant, UNLESS, he would voluntarily
Resort to substituted service must be fully justified
appear or voluntarily submit to the jurisdiction of the
and must COMPLY STRICTLY with the requirements of
court.
the Rules of Court for substituted service.
-Oaminal v. Castillo, October 8, 2003
The Sheriff must cite/state why such efforts were
unsuccessful. It is only then that impossibility of
Repeat (Ingon si Judge ayaw pag buot hahaha): service can be confirm or accepted. In addition, or
further, the Sheriff must describe in th e return of
For substituted service of summons to be proper,
service of summons the facts and circumstances
there must be several attempts by the sheriff to
surrounding the attempted personal service. The
personally serve the summons within reasonable
efforts made to find the defendant and the reason
period. That is 1 month.
behind the failure MUST BE CLEARLY narrated in
detail in the return:
Just remember these: - the date and time of the attempts of
personal service.
3- attempts
- the inquiries made to locate the defendant.
2- different dates
(nangutana naka asa siya)
30- days (within in 30days/1month)
- The names of the occupants of alleged
residence or house of the defendant. (Kinsa
imong gipangutana, ig-unsa mana sya)

- AND all other acts done, though futile to The proceedings, including the decisions of the
serve the summons on the defendant, must court, would be VOID for lack of jurisdiction.
be specified in the return to justify substituted
Sagana v. Francisco, October 2, 2009
service.
Robinson v. Miralles, December 12, 2006
Manotoc vs. CA Augsust 16, 2006
- landmark case; basis of the rule on
substituted service RECALL: (Atung nahinumduman na..)
In service in person or personal service, the place
where the summons is served is IMMATERIAL.
A single attempt to personally serve summons upon
the defendant and a general statement in the BUT, in substituted service of summons, the same
return that earnest efforts were made to personally may be done only at the:
serve the summons without any detail as to the
1. defendant’s residence;
circumstances surrounding such alleged attempted
personal service DOES NOT constitute a valid 2. or office;
substituted service of summons.
3. or regular place of business.
Belo v. Marcantonio, September 8, 2020
(Yopak i-english huhuhu)

For substituted service of summons to be valid, the
Dihay kaso na ang gibutang sa complaint kay ang
following must be established:
address sa defendant but it so happen that the
- that personal service of summons within a defendant wala na nag puyo adto kay miadto sa
reasonable time was impossible; abroad and didto na siya nagpuyo. Ang gibuhat sa
Sheriff bisan gisturyaan na sya na “wala na sya diri,
- that efforts were exerted to locate the party,
tua na sa gawas. Tua na sya ga puyo.”, giserve lang
- and that the summons was served upon a gihapon ang summons through substituted. Pwede
person of sufficient age and discretion ba na na wala na jud anha ga puyo and wala na
residing at the party’s residence, jud chance mo balik but gi-avail gihapon ang
substituted service?-
- or upon a competent person in charge of
the party’s office or regular place of - NO! Substituted service presupposes that
business. iyaha ng pinuy-anan, iyahang current
residence. Or present office. What if mu
retire diay, anha diay gihapon nimo iserve?
If di sa balay, pwede adto sa officer or regular place (mockingly said by Judge D. Char murag
of business. novel)
- That presupposes that kanang residence,
office or place of business diin naay
It is required that the pertinent facts proving the
substituted service, kinahanglan CURRENT.
circumstances be stated in the proof of service or in
the officer’s return. FAILURE to do so would Express Padala v. Ocampo, September 6, 2017
INVALIDATE all subsequent proceedings on
jurisdictional grounds.
Substituted Service presupposes that the place
where the summons is being served is the
So, once there is an improper service of summons, defendant’s current residence, or office, or regular
the effect is that the court cannot acquire place of business. Residence refers to the place
jurisdiction over the person of the defendant. where the defendant is living at that time when the
UNLESS, the defendant would make a voluntary service is made even though he may be temporarily
appearance. out of the country at that time.
What is the consequence if the court cannot acquire

jurisdiction over the person of the defendant?

Similarly, the terms “office” or “regular place of summons and complaint to the defendant at the
business” refer to the office or place of business of earliest possible time for the person to take
the defendant at the time of service. appropriate action. The sheriff must determine if the
person found in the residence of defendant is of
legal age, what is his relationship with the defendant
Where the defendant neither resides nor holds office (igsuon, katabang, asawa), and whether said
in the address stated in the summons, substituted person comprehends the significance of the receipt
service cannot be resorted to. of the summons and his duty to immediately deliver
it to the defendant or at least notify the defendant
of said receipt of summons. These matters must be
Unsaon nalang pag serve sa summon ana kung wa clearly and specifically described in the Return of
na diha ang defendant ga puyo? Summons.
Actually, there’s another way. That is through Afdal v. Carlos, December 1, 2010, citing the case of
publication. (Will be discuss later part.) Manotoc
(Repeated na sad kay aron daw di makalimtan.) Naay kaso maro kaayo ang defendant. Kahibalo
naman sya na ikiha siya, so iyang gibuhat nibalhin
What is the proper way of effecting substituted
usa siya puyo. Naa guroy abogado naka sulsol atu
service if the same is made at the defendant’s
kay usahay naa man gud abogado na mura pud
residence?
ug devil’s advocate ba (gi-apil nako kay funny
(Take note first of the requisites before making a hahahah). Didto mi transfer ug puyo sa laing lugar.
substituted service, at least 3 attempts at 2 different Giadto sa sheriff kay iserve, ang naabtan didto kay
dates) ang igsuon ra. “Asa mani si kuan” “Wala naman na
diri gapuyo”. Balik. Mao gihapon ang sitwasyon.
Valid substituted service may be made by:
“Asa mani si kuan” “Wala na lage na diri gapuyo”.
 leaving a copy of the summons at the “Asa naman diay ni siya gapuyo?” (kay igsuon jud
defendant’s residence so kahibaw jud na asa). Wa mu tug-an. Gibilin sa
sheriff “Ako nalang ni ibilin, ikaw lang hatag ani.” Gi-
 to a person of at least 18 years of age
file-lan ug Motion to Dismiss on the ground of lack of
 (in other words the sheriff must determine the jurisdiction over his person (Note: MD on this ground
age of the person who receives the is bawal na ron, this is an old case)
summons; iya jud pangutan-on “pila imo
Was there a valid substituted service of summons?
edad”; not necessarily asking for a birth
certificate (sukit-sukiton)  na ikaduha raman, na there was only 2
attempts.
 the person to whom the summon is left, aside
from being of legal age, must have sufficient  Naluoy ang SC. It ruled that the substituted
discretion service of summons was valid kay nganung ga
likay-likay.
 Kinahanglan adunay buot, mao pasabot
ana Sagana v. Francisco,
 aron makahhibalo sya duna syay hunahuna He was declared in default. The process server
na ihatag tu ngadto sa defendant attempted to serve the summons on the defendant
at the address stated in the complaint, but he was
 he must be residing therein
told by an occupant therein, at first who refused to
be identified that the defendant is not residing
What do you mean by to be of sufficient discretion? therein. When the process server returned, the
defendant’s brother told him that the defendant
SC: If the substituted service will be effected at the was no longer residing therein but to let give the
defendant’s residence or house, it should be left latter’s present address. So, the process server just
with a person of legal age and of sufficient left a copy of the summons on the brother. Due to
discretion residing therein. To be of sufficient failure to answer, the court, upon motion of the
discretion, such person must know how to read and plaintiff, the court declared the defendant in default
understand English to comprehend the import of the and a judgment was rendered. The defendant filed
summons, and fully realize the need to deliver the a notice of appeal. (Ang defendant di tantong
maro. Mi file sya ug notice of appeal unya iyang Naay kaso na ang defendant nagpuyo sa
gigamit katong address naa didto sa complaint. subdivision. (Are you familiar with exclusive/high-end
Nasakpan nuon na mao iyahang address! lol) subdivision na di man ka basta-basta makasulod
ana. Inig sulod nimo didto naay gwardya, and ang
He filed a notice of appeal using the address where
gwardya mangutana na ug “Asa ka?” “Kinsa imong
the summons was served. That’s why the SC held
tuyo?”. Magtelepono pa na “Ma’am naay mu kuan
there was a valid substituted service of summons
diri”) Ang defendant nagbilin na wala juy
since personal service of summon was made
pasudlon/paadtuon didto sa iyahang balay basta
impossible by the acts of the defendant in refusing
wa siya. So ni adto ang sheriff, di man jud sya kasud
to reveal his whereabouts and by the act of his
kay di man sya pasudlon sa guard. Balik sya. Mao
brother in failing to disclose the defendant’s
gihapon kay wala diha kuno ang defendant. Sa
location. The SC ruled that there was a valid service
ikatulo, mao raman gihapon ang katarungan. Ang
of summons.
gibuhat sa sheriff, adto gibilin sa guard. (Timan-e
(MI GAWAS NANIS BAR!) ang guard wala didto sa residence. Didto sa gate
sa subdivision.) Now, the defendant files motion to
dismiss on the ground of lack of jurisdiction over the
What if the substituted service of summons is made person of the defendant. Was there a valid
at the defendant’s office or regular place of substituted service of summons?
business? What is the proper way of serving it?
It can be done:
Robinson vs. Miralles, December 12, 2006
b. By leaving copies of the summons at [the]
According to the SC, there was a valid service of
defendant’s office or regular place of business
summons because it was impossible for the sheriff to
with some competent person in charge thereof.
make a personal service or to make a substituted
A competent person includes, but is not limited
service at the residence of the defendant. (Kay di
to, one who customarily receives
man magpasulod. Di man siya pasudlon.) There was
correspondences for the defendant;
a valid substituted service of summons even if the
summons was left with the guard at the entrance of
the subdivision and not at the residence of the
So kinsa may naandan mo dawat ug mga
defendant.
communication/correspondence para sa
defendant. Kung ang tig dawat nila, or if the person
who customarily receives communication or
It is incumbent upon the party alleging that
correspondence for the defendant kay ang:
summons was validly served to prove that all
 Security guard, then there is valid service of requirements were met in the service thereof. So
summons whenever there is a question on the validity of the
service of summons, the party alleging that there is
 Secretary niya, then ang secretary,
a valid service of summons must prove that indeed
considered as competent person
all the requirements were met in the service thereof.
(TN: The ruling in this case is already in the
According to the SC, it is not necessary that the amendment of the ROC Section 20, Rule 14.)
person in charge of defendant’s regular place of
business be specifically authorized to receive the
summons. (Dili kinahanglan na sa iyang job Mao ni sya ang return. Unsay isulti adto sa return. This
description gibutang didto na siya ang tig receive is important. The contents of the return is important
ug summons.) It is just enough that he appears to be to determine the validity of the service of summons.
the in charge. A secretary whose job description
necessarily includes receiving documents and
another correspondence, would have the Section 20. Return. — Within thirty (30) calendar
semblance of authority to accept the court days from issuance of summons by the clerk of court
documents. and receipt thereof, the sheriff or process server, or
Gentle Supreme Philippines, Inc. v. Consulta, person authorized by the court, shall complete its
September 1, 2010 service. Within five (5) calendar days from service of
summons, the server shall file with the court and
serve a copy of the return to the plaintiff's counsel,
personally, by registered mail, or by electronic There was a case the sheriff nasayop jud ug serve sa
means authorized by the Rules. summons. Unya ang defendant mi file ug motion to
dismiss. During the hearing of the motion, nitunga
Should substituted service have been effected, the
ang defendant. The court ordered na “Sayop man
return shall state:
kaha pag serve, you serve another summons on the
(1) The impossibility of prompt personal defendant”. Gi serve-ban ug summons diha instead
service within a period of thirty (30) calendar na idimiss sa court. Iya giorderan ang sheriff na,
days from issue and receipt of summons; “Sheriff you give him the copy of the summons and
the complaint.” Sakto ba ang gibuhat sa
(2) The date and time of the three (3) judge/court na wala niya gi dismiss for lack
attempts on at least (2) two separate dates jurisdiction over the person of the defendant due to
to cause personal service and the details of improper service of summons but instead the court
the inquiries made to locate the defendant ordered the service of summons upon the
residing thereat; and defendant. Was the court correct?
(3) The name of the person at least eighteen
(18) years of age and of sufficient discretion
residing thereat; name of competent person Philippine American Life and General Insurance,
in charge of the defendant's office or regular Company v. Breva, November 11, 2004, reiterated in
place of business, or name of the officer of the case of GV Florida Transport, Inc. v. Tiara
the homeowners' association or Commercial Corp., October 18, 2017
condominium corporation or its chief The SC ruled that it was correct. A case should not
security officer in charge of the community be dismissed simply because the summons was
or building where the defendant may be wrongfully served. The court may (dunay discretion)
found. (4) instead issue an alias summons to be serve anew on
Under Section 20, Rule 14, if the summons is served the defendant.
through substituted service, the return shall state the The SC is saying that the plaintiff should not be
following: punished by dismissing the case due to the
 Impossibility of prompt personal service incompetence or negligence of the sheriff or the
within the period of 30 days from issue and process server. Instead of dismissing the case, the
receipt of summons; court may issue an alias summons and direct that
the same be served on the defendant.
 the DATE and TIME of the 3 attempts on at
least 2 different dates to cause personal
service the details of the inquiries made to TN: Pwede ra ni siya basta wala pa mag sugod. Diri
locate the defendant residing thereat; and pa sa initial stage sa proceedings. Same ani na
 the name of the person at least 18 years of case, wala pa makasugod.
age and of sufficient discretion residing However, if naka render nag decision ang court and
therein; name of competent person in improper diay, inullify jud ang proceedings ana.
charge of the defendant's office or regular
place of business, or name (of any) of the
officer(s) of the homeowners' association or What do you mean by initial stage?
condominium corporation or its chief
security officer in charge of the community Kanang wala pa kasugod ug hearing. Gi allege pa
or building where the defendant may be diri sa answer as an affirmative defense. Or ni file ug
found. motion to dismiss, pagbasa sa motion there was an
improper service of summons, pwede pa ang court
mu pa serve ug alias summons.
Panlitan nasayop jud ang sheriff. There was an
improper service of summons?
May substituted service of summons be made
(TN in the ff case, the ground of the MD is not through email?
allowed na sa new rules but rather ari nana sya sa
affirmative defense. Still questionable if pwede ba.) Yes, if it is allowed by the court.

What do you mean by that? entering his appearance as the counsel for the
defendant.” The court, then, acquired jurisdiction
In other words, if there is difficulty of serving summons
over the person of the defendant.
upon the defendant, pwede email kung duna siyag
email add. Momarco Import Company v. Villameva, July 27,
2016
 Dili pwede personal service, dili pwede
substituted, then pwede email.
But there must be a motion first. Or filing motion for additional time to file answer.
Carson Realty & Management Corporation v. Red
Robin Security Agency, February 8, 2017
May substituted service of summons be made
through registered mail? (postal)
NO. DILI PWEDE. Or motion for new trial or reconsideration.
De Pedro v. Romasan Development Corporation,
November 26, 2014
BUT, somewhere in Section 17, Rule 14, if service of
summons by publication is proper, the same must be
coupled with service of summons by registered mail.
Or motion to set aside default order.
Belo v. Marcantonio, September 28, 2020
Kanang service of summons by publication, duna
na siyay kaluha. “Siamese twin”, kanang di jud ma
separate. Unsa raman na pleading na DILI ma consider na
voluntary appearance?
TN: WHENEVER the court allows service of summons
by registered mail, it must be coupled with service of Kana rang mo file kag answer WITH affirmative
summons by publication. (Pwede padad-an defense of lack of jurisdiction over the person of the
registered mail, provided naay service of summons defendant. Mao rana! Na dili ka consider na mi
by publication.) enter kag appearance.
-(separate thorough discussion on service of Question was raised during discussion: Regarding
summons by publciation)- the case where the defendant was being clever to
avoid service- a person that discloses (ambot kay
giputol jud ni judge hay naku)- can the defendant
Section 23. Voluntary appearance. — The can be considered preventing valid service of
defendant's voluntary appearance in the action summons thereby making the summons properly
shall be equivalent to service of summons. The served pursuant to the ruling of Robinson’s-
inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the
defendant shall be deemed a voluntary Judge D’s Answer: That case wherein the defendant
appearance. (20) tried to avoid the service of summons, that’s the
case of Sagana v. Francisco. Ako tung gikuan. Lahi
Even if there was an improper service of summons, pud tu na kaso. (Diba hubog na ang studyante kay
the court may, nevertheless, acquire jurisdiction overloaded na sa info hahaha) Katong sheriff na
over the person of the defendant if he would made wala pasudla sa subdivision, mao tung Robinson v.
voluntary appearance in court, such as by filing Miralles.
motions or pleadings in court.
(Mu jump from SECTION 6 to SECTION 16)

In fact, there was one case wherein the counsel for
the defendant merely filed an entry of appearance Section 16. Service upon defendant whose identity
(kanang iya bang gipahibalo ba na siya ang or whereabouts are unknown. — In any action
abogado sa defendant). The counsel requested the where the defendant is designated as an unknown
court that “Please note that the undersigned is owner, or the like, or whenever his or
her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within ninety (90)

calendar days from the commencement of the
TN: Siamese twin- publication + registered mail; not
action, service may, by leave of court, be effected
mentioned in the ROC but sa jurisprudence ra. Take
upon him or her by publication in a newspaper of
note the ff case!
general circulation and in such places and for such
time as the court may order.
Any order granting such leave shall specify a According to the SC, in granting the motion for
reasonable time, which shall not be less than sixty leave to serve summons by publication, the court
(60) calendar days after notice, within which the shall also direct that a complimentary service of
defendant must answer. (14) summons together with the complaint and the order
of publication be done by registered mail at the
Unsa may remedy kung panlitan ang defendant defendant’s last known address.
nag TNT na, kanang nibalhin nag lugar, tinud-anay
ng nibalhin ug puyo unya di na makit-an sa sheriff? (But usual ana mabalik ra gihapon)
Section 16 tells us the remedy. PUBLICATION.

Summons by publication. Purpose:
1) Pamasin basin mibalik
Section 16 is applicable to a case, any case, be it in 2) Pruweba na na wala najud siya gapuyo ara. Mao
personam, quasi in rem or in rem, wherein the ng justifiable na, duna nay reason to serve the
whereabouts of the defendant are unknown. (Dili summons by publication.
najud mahibaw-an diin na nagpuyo.) The remedy is
publciation.
This mode of service is applicable to ALL CASES even
to an action in personam, if the defendant is residing
In any action where the defendant is designated as in the Philippines but his whereabouts are unknown
an unknown owner, or the like, or whenever his or despite diligent inquiry.
her whereabouts are unknown and cannot be
ascertained by diligent inquiry, within 90 calendar Santos v. PNOC Exploration Corporation, September
days from the commencement of the action, 23,2008
service may, by leave of court, to serve the
summons by publication in a newspaper of general
circulation and in such places and for such time as Pwede ba na idiretso lang ug ipublish nga way
the court may order. attempt to serve summons in person or in substituted
service?
- “any action”, bisan unsa na kasoha
NO. DI PWEDE! There must be attempts to serve the
- “leave of court”, there must be prior summons by personal service or substituted service,
permission from the court otherwise, service of summons by publication would
- TN: automatic na mo ingon gani ug service be INVALID.
of summons, apil najud diha ang complaint Pua v. Deyto, November 26, 2012
and annexes
Kapila man ipublish?

In service of summons by publication, di ra kato ang
summons ipublish, but iapil ang entire complaint. (TN: Not stated in the ROC but based on the
Maoy iprint and apil tung summons. Iprint tung entire practice sa court.)
complaint then diri sa ubos butangan dayun didto Ang practice sa court, once a week for 3 successive
ug “you are hereby required to file your answer weeks.
within this period”.
REPEAT. This is IMPORTANT.

Unya, the period to file answer when the summons is
served by publication is 60 days from the date of This applicable to all cases but the defendant must
publication. NOT 30 days. be residing here in the Philippines. It must be alleged
in the complaint that the defendant is residing in the
Philippines, when served with summons, he could no Diri sa Sec. 16, atung matan-aw na in cases involving
longer be located. a resident defendant whose whereabouts are
unknown, it is not necessary that the court acquires
- kinahanglan duna juy address
jurisdiction over his person even in an action in
- iyahang address dia sa Pilipinas personam, as long as the requirements of due
process is complied with by the service of summons
- The defendant must be a resident of the
on him by publication and complimentary service of
Philippines.
summons by registered mail.
- available siya sa tanang actions, even in
Unsa manang newspaper of general circulation? action in personam
Pwede ba adto ipublish sa lungsuranon?
- action in personam- the decision of the court
(Sweto mo anang lungsuranon, kanang sa mga is binding only upon the parties; kanang di
katoliko.) mag involve ug properties; action purely in
personam
Or pwede ba adto sa newsletter/newspaper sa
mga- murag naa bay newspaper equivalent ang e.g., collection of sum of money
lungsuranon sa Iglesia ni Cristo- murag naa- Pwede
- service of summons by publication is allowed
ba?
(here) provided that the defendant is
The answer is NO! because these newspapers are alleged to be residing in the Philippines.
not considered as newspaper of general circulation.
- “Di makita, pero nagpuyo diri sa Pilipinas”
It must be a newspaper of general circulation.
example:
- Sunstar Section 18. Residents temporarily out of the
Philippines. — When any action is commenced
- Freeman against a defendant who ordinarily resides within
- Super Balitia the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out
- Banat of the Philippines, as under the preceding Section.
- The more national newspaper but mahal (16)
lang hinuon na. Pananglitan, the defendant is residing in the
- it is enough that it is a newspaper of general Philippines, but temporarily out in the Philippines.
circulation Unsaon pag serve sa summons? Panlitan OFW,
nakalarga ba. Di man sad ka kaingon residing
abroad siya. He is just temporarily out.
What do you mean by a newspaper of general - example: overseas, sakay ug barko, mu balik
circulation? isa ka tuig, unsaon pag serve sa summons?
According to the SC, to be a newspaper of general
circulation, it is enough that it is published for the
dissemination of local news and general (TN: Gilaktaw-lawtaw ni Judge aron ma connect
information. That it has a bonafide subscription, list ang learning.)
of paying subscribers and it is published at regular
intervals. The newspaper need not have the largest
circulation, so long as it is of general circulation. Under Section 18.
- di kinahanglan largest When a defendant is residing in the Philippines but

who is temporarily out, he may be served with
- di kinahanglan daghan mu basa summons by any of the following modes:
- it is enough that it is a newspaper of general 1. Substituted Service, kay dili naman pwede
circulation ang personal service kay wa jud siya diha.
Fortune Motors, Inc. v. Metropolitan Bank and Trust - TN: “temporarily out”, meaning mu balik pa
Company, November 28, 1996 siya

- So naa jud nay gibilin sa ilaha na laing taw Philippines, and the action affects the personal
sa balay. status of the plaintiff or relates to, or the subject of
which is, property within the Philippines, in which the
2. Personal service outside the country with
defendant has or claims a lien or interest, actual or
leave of court, it means adtuon gyud didto
contingent, or in which the relief demanded
- example: Domestic Helper in Hong Kong, consists, wholly or in part, in excluding the defendant
adtuon jud didto from any interest therein, or the property of the
defendant has been attached within the
- with prior leave of court
Philippines, service may, by leave of court, be
- How? Through the Department of Foreign effected out of the Philippines by personal service as
Affairs (DFA), consul; di gastos (cheaper under Section 6; or as provided for in international
way) conventions to which the Philippines is a party; or by
publication in a newspaper of general circulation in
- or the sheriff, pwede nila plitehan; gastos
such places and for such time as the court may
hinuon
order, in which case a copy of the summons and
3. Service of summons by publication with prior order of the court shall be sent by registered mail to
leave of court the last known address of the defendant, or in any
other manner the court may deem sufficient. Any
4. OR any other means the court may deemed
order granting such leave shall specify a reasonable
sufficient.
time, which shall not be less than sixty
Palma v. Galvez, March 10, 2010 (60) calendar days after notice, within which the
defendant must answer. (15)
Naay bag-o, naa sa amendment.

5. Through Hague Service Convention; service What if kung ang defendant wala na nagouyo diri
of summons may be effected pursuant to sa atua gyud, foreigner or former Filipino citizen (tua
international conventions na nagpuyo sa lain nasod).
- “international conventions” means TREATY example:
- such as Hague Service Convention - Plaintiff, ang iyang mama nakauyab ug

foreigner. Unya ang foreigner, “hit and run”,
6. Electronic mail, if allowed by the court gusto siya mu file ug recognition and support
According to the SC, these are now advanced - Ibutang nato Filipino, pero tua na nagpuyo
facilities of communication. Long distance sa laing nasod, kanang American citizen na.
telephone calls and cablegrams make it easy for
one he left behind to communicate with him. Unsaon man pag serve sa summons, tua man siya
sa laing nasod?
Montefalcon v. Vasquez, June 17, 2008
TN:
Sa atu pa bisan tuod kung through substituted, ibilin
ra didto sa nahabilin sa balay niya pero dali ra kuno  Katong atung gihisgutan, dia ra diris Pilipinas,
pag communicate ingon ang SC pinaagi sa long residing in the Philippines, but his whereabouts
distance telephone calls ug sa cablegrams. are unknown- pwede publication.
 Kato sang a Filipino resident who is temporarily
out of our country.
Karon daghan na kaayo ta ron, pwede cellphone,
zoom. Ingon ang SC na:
“Its easy for the person he left behind to KARON, the defendant is not residing in the
communicate with him.” Philippines and he cannot also be found in the
Philippines. Unsaon man pag serve sa summons?
Montefalcon v. Vasquez, June 17, 2008
- naa sa Section 17
- Extraterritorial service of summons
Section 17. Extraterritorial service. — When the
defendant does not reside and is not found in the
- “Extraterritorial” because the defendant is

residing abroad.
What are these cases?
Under Section 17, when the defendant DOES NOT

1. The action affects the personal status of the
reside and is NOT FOUND in the Philippines.
plaintiff.
example: katong akong gihatag ganiha
TN: Judge D: Ayaw kalibog labi najud kung may
pagka libog kag utok. (hahahahaha)
mas nindot na example: declaration of nullity of
Don’t be confused with:
marriage:
- DOES NOT reside in the Philippines; means dili
Nakigminyo kag foreigner, mibiya nimo. Gibyaan
na siya nagpuyo diri sa Pilipinas; wala na siya
ka. Gusto ka magpa annul so ni file kag Petition for
gapuyo diri sa atung nasud; he is not residing
Declaration of Nullity of Marriage. What kind of
here in the Philippines
action is it?
- who is TEMPORARILY OUT of the Philippines;
- that is an action in rem because that affects
means igo ra milakaw kadali, mu balik pana
status
siya
- lahi ni sila
Nya imuhang bana tua naman sa Japan or tua na
-
sa America, ni uli na and nangita nasad lain didto.
example: Nag “forum shopping” (lol). Unsaon man nimo pag
pa serve ug summons na kinahanglan mana ug
Katong example ganiha na magpa acknowledge
service of summons?
na siya anak
- actions affecting the status of the plaintiff; an

Another: yuta. Imong parents naay yuta unya ang
action in rem
yuta na register sa laing taw. Nahibong imong
ginikanan nganung nausab ang title kay kunuhay
napalit na anang tawhana. So gusto ninyo irecover
2. Action or cases which relates to or the subject of
ang yuta pero ang problema, kunuhay ang tag-iya,
which is property of the defendant within the PH.
tua na sa laing nasod nagpuyo. Unsaon mana aron
Property within the PH in which the defendant
pag serve sa summons?
has a claim or claims a lien or interest, either
actual or contingent, or in which the relief
demanded consists in excluding the defendant
ANSWER: Section 17 tells us the different modes of
from any interest therein.
serving summons when the defendant is not residing
in the Philippines, at the same time, not found in the example: Katong kaganiha na mo file kag
PH. Declaration of Nullity of Title and Recover of
Ownership. So that involves a property of the
This time dili nani mu apply sa tanang kaso.
defendant, but the defendant is not residing in the
Applicable only to action quasi in rem and action in
PH anymore and cannot be found in the PH.
rem.
Will not apply to action PURELY in personam.
Unsa mani na klase sa action na nag invole siya ug
(Judge D: Di gihapon ka kasabot unsa ng “in
property sa defendant unya ang defendant duna
personam, di na nako na problema. Ako na ng
siya interest?
gibalik-balik kadaghan. lol *for motivation*)
- that is an action quasi in rem.
This section does not apply to action purely in

personam, but only to cases or actions which are 3. Action where the property of the defendant has
considered as action in rem or action quasi in rem. been attached within the PH.

But pwede rapud ari raka sa Pilipinas. Because the

requirement of the rules is that the summons must be
Unsa manang klaseha sa action/case na dunay
published in newspaper of general circulation in a
property sa defendant na gi attach, subject to
place determined by the court.
preliminary attachment.
- same with sa resident in the PH/ resident
- That is an action quasi in rem.
defendant
Basta gani dunay property na gi attach, the action

Publication in a newspaper of general circulation in
is considered an action quasi in rem.
such places and for such time and date as the court
may order. In which a copy of the summons and
order of the court shall be send by registered mail to
What is an action quasi in rem?
the last known address of the defendant.
An action quasi in rem, that is an action directed
- court “order” means the order that allowing
against a person but the purpose of the plaintiff is to
of the publication
subject the property to a lien or certain interest of
the plaintiff. Or to exclude the defendant from the
property.
Diri sa atu, duha mana ang newspaper sa atu. E
raffle. Mas cheaper ang binisaya.
Unsaon mani pag serve ang summons?
Under Sec. 17, the summons may be served upon What is the purpose of serving the summons by
the defendant by: publication?
a. personal service under Sec. 6 The purpose of serving the summon by publication is
NOT to acquire jurisdiction over the person of the
- meaning adtuon sa gawas
defendant because according to the SC, bisan ug
- HOW? Plitehan ang sheriff! (Judge D: Unsaon usa ka gatos (100) pana nimo ipublish sa
mana di mana mu lupad ang summons lol) newspaper, the court can never acquire jurisdiction
over the person of the defendant.
- OR, the “cheapest way”, personal service by
asking assistance from the DFA, kay duna This is for IN COMPLIANCE OF DUE PROCESS.
man tay consulate offices sa gawas
- maoy hangyuon na ipa serve ang summons;
Nganung dili man kinahanglan nga mu acquire ug
but naa gihapon gasto
jurisdiction ang court over the person of the
b. through international conventions to which the defendant?
PH is a party
Because as what we have learned, acquiring
- Hague Service Convention jurisdiction over the person of the defendant is not
necessary if an action is an action in rem or quasi in
c. usual way na iresosrt: through publication of the
rem.
summons
Jurisdiction over the person of the defendant is only
- kaluha ani is complimentary service of
necessary when the action is an action in personam.
summons by registered mail
Mao tung kinahanglan iserve gyud ang summons,
- so padad-an gyud nimog suwat didto sa either in person or substituted.
ilaha, kung asa mana siya gapuyo
- ang mu gasto kay ang party concer/plaintiff
EXCEPTION: To the requirement that the court should
and not the court.
acquire jurisdiction over the person of the
defendant in an action in personam:
Asa man ipublish na newspaper/ asa man na - katong gihisgutan sa SECTION 16!
newspaper na tua man siya sa America/Japan?
- Katong resident defendant or defendant
Pwede adto sa Japan ipublish; pwede pd sa residing in the PH whose whereabouts are
America. unknown.
- bisan pa kung action in personam, allowed example: Dunay foreigner, naminyo diri. Mipuyo.
gihapon ang service of summons by Nangutang. Then later on, mi biya, niuli sa ilaha.
publication because it says ANY ACTION. Kato diay iyang gi utang para diay tu plite unya. So
miuli na siya sa ilaha. Pwede paba tu siya makiha?
Tua naman sa America.
In summary, the purpose of the publication is not
anymore to acquire jurisdiction over the person of
the defendant, but in compliance with due process. ANS: Di na pwede makiha kay there is no way to
serve summons on him because a case of collection
of sums of money is purely an action in personam.
Duha man gud na ka purpose ang summons: There’s no way to serve summons. So ang paagi
lang ana kung mu balik siya diri.
- to acquire jurisdiction over the person of the
defendant, especially if it is an action in
personam, and
Duna pay laing paagi. Kung duna siyay property diri
- to comply with the requirements of due nga gibilin, kanang action purely action in
process, aron makahibaw siya dunay kaso personam may be converted into quasi in rem.
batok niya, na ang iyang property namiligro Unsaon man pag convert?
d. any other manner as the court may deem How to convert an action which is considered as
sufficient. purely action in personam into an action quasi in
rem?
- dunay discretion ang court.
By asking the court to issue a preliminary
- take note of the words “ANY OTHER
attachment. By attaching properties of the
MANNER”
defendant.
- so katong defendant duna tuy siyay for
Case: Naay case nag involve ug recovery of example, duna tuy auto, or whatever
ownership of property, so quasi in rem. Ang court mi property diri sa PH, pwede na iattach,
order ra na ang summons isend by registered mail, subject to preliminary attachment.
way publication. Kaluha man unta na, “Siamese
- once ma subject ug preliminary attachment,
twins”. But in this case, ang gibuhat sa court kay iya
the case now would be converted from
ra gipa padala, “Okay, padad-e na didto ug
purely action in personam to an action quasi
registered mail”. Tua sa laing nasod. Pwede ba?
in rem.
The plaintiff now can have the summons serve
Ruling: YES. According to the SC, because the court through publication, coupled with a service of
has a discretion to allow the service of summons in summons by registered mail. Pwede na dunay
any other means that it deemed sufficient. hearing, valid na.
Cariaga v. Malaya, August 13, 1986 Ang problema lang ana kay kung ang bayad, ang
kato ra jung property niya. Di sya pwede mapaningil
kung dunay deficiency.
That is under Section 17 on what cases that
extraterritorial service of summons is available; what
are these cases; and what are the modes of serving In action quasi in rem or action in rem, acquiring
summons. jurisdiction over the person of the defendant is not
necessary. It is sufficient that the court has
jurisdiction over the res. When we say res, it may refer
Again, what are those cases that extraterritorial to the property subject to the case.
service is allowed?
Licaros v. Licaros, April 29, 2003
Kato ra na mga kaso na in rem ug quasi in rem. Dili
mo apply sa kaso na purely action in personam.
This section is applicable only to actions in rem or
quasi in rem, where acquiring jurisdiction over the
person of the defendant is not necessary, as long as 2. When the action relates to, or the subject of
the court has acquired jurisdiction over the res. which is property within the PH in which the
defendant claims a lien or interest;
3. When the relief demanded consists in excluding
How can the court acquire jurisdiction over the res?
the defendant from any interest in the property
Either by seizure of the property under legal process located in the PH; and
(katong iattach) whereby it is brought into actual
4. A case involving the property of the defendant
custody of the law, OR as a result of the institution of
that is being attached.
legal proceedings, in which the power of the court
is recognized and made effective.
In these cases, summons may be served by any of
the following modes:
example: File kag Declaration of Nullity of Marriage
(DNM), asa man ang res ana? Kanang DNM, wa 1. by personal service;
may property ana? How can the court acquire
2. through service of summons provided for in
jurisdiction over the res?
an international conventions or treaty to
which the PH is a party;
ANS: The court acquires jurisdiction over the res by 3. by publication in newspaper of general
the filing of the case in court. circulation; and
Frias v. Alcayde, February 28, 2018 4. any other manner that the court may deem
sufficient
Kani silang tanan nagkinahanglan PRIOR LEAVE OF
This section does not apply to purely action in
COURT, kining modes of making extraterritorial
personam where the court must acquire jurisdiction
service.
over the person of the defendant through the
proper service of summons or voluntary Express Padala v. Ocampo, September 6, 2017
appearance. Because an action in personam seeks
to impose personal responsibility or reliability upon
the defendant. REPEAT: Service of summons on non-resident
defendant who is not found in the country is
required, not for the purpose of acquiring jurisdiction
Unsaon tu pag convert gani ang action purely in over his person but in compliance with the
personam into action quasi in rem? requirements of due process.
By attachment or garnishment of property of the Acance v. CA, March 16,
defendant located in the PH in order to confer 2005
jurisdiction on the court upon the case.
Mabanag v. Gallemore, July 20, 1948
Bisan kapila pana ipublish, the court cannot acquire
Citizen’s Surety & Insurance v. Melencio-Herrera, 38 jurisdiction over the person of the defendant. It’s
SCRA 369 only to comply with the requirements of due
process.
If an action in personam is converted into an action

quasi in rem, such as when a real or personal Kanang ipublish, labi na gyud kung dia ra diri nya
property of the non-resident defendant is being tua siya didto, dili ba na useless?
attached by the court then this section now will
example: Sa Cebu City ipublish but tua ra sya sa
apply. So extraterritorial service of summons may be
Japan or America? Di bana useless?
effected.
RULING: According to the SC, this mode of

Dunay upat ka kaso na ma apply ni siya:
notification does not involve any absolute
1. When the action affects the personal status of assurance that the absent owner shall thereby
the plaintiff; receive actual notice. The periodical containing the
publication may never in fact come to his hands, Section 7. Service upon entity without juridical
and the chances that he should discovered the personality. — When persons associated in an entity
notice may often be very slight. without juridical personality are sued under the
(Gi-acknowledge sa SC but that is allowed.) name by which they are generally or commonly
known, service may be effected upon all the
El Banco Español-Filipino v. Palanca, March 26, defendants by serving upon any one of them, or
1918, cited in the case of Sahagun v. CA, June 3, upon the person in charge of the office or place of
1991 business maintained in such name. But such service
shall not bind individually any person whose
connection with the entity has, upon due notice,
Under the last mode, “any other means that the been severed before the action was filed. (8)
court may deem sufficient”, that can be done
through registered mail. What about if the defendant is an entity without
juridical personality, meaning unregistered, but
Cariaga v. Malaya pretending themselves to be registered.
Corporation by estoppel. Unsaon man pag serve ug
summons?
Naa pay lain in the case of Arieta v. Arieta,
November 19, 2018 Section 7 tells us that when two or more persons not
organized as an entity with juridical personality enter
In this case, ang summons gipublish ra sa newspaper into a transaction, they may be sued under the
unya walay complimentary service of summons name by which they are generally or commonly
(diba ingon ko kaluha ni). Nganu man walay known.
complimentary service of summons? Ang-ang kay
ang iyang bana, ang address didto unknown. Wa - pwede sila makiha kung nagpapatuod sila
hibaw-e as ana gapuyo. Ingon ang SC, unsaon man na duly registered; pwede sila makiha bisan
pagpada ana nga wa man hibaw-e asa dapita sa wa silay juridical personality and yet if they
America. The SC said, it is within the discretion of the misrepresented themselves to be an entity
court to allow service of summons in any other with juridical personality.
means that it deems sufficient.
Unsaon pag serve ug summons ana?

Pwede pud publication + service of summons by Under Section 7, the summons may be served upon
registered mail; or pwede sad nga publication of any one of them. Service of summon may be made
summons in a newspaper and at the same time, the on any one of them. And service of summon on any
court required the personal service of summons one of them would be considered as service of
upon the defendant through the DFA in a case summons upon all.
involving declaration of nullity of marriage.
Romualdez-Licaros v. Licaros, April 23, 2008? April
29, 2003 OR upon the person in charge of the office or place
of business maintain in such name.
According to SC, for as long as all the parties due

process rights are duly regarded. What about upon a prisoner, kung piniriso ang
defendant? Unsaon man pag serve ug summons?
The summons may be served upon the prisoner by
Q: Pwede ba ma serve ang summons by electronic the jail warden who shall be deemed as a special
mail (e-mail)? sheriff for that purpose.
A: YES. If the court deems it sufficient under the last - so ang jail warden maoy automatic
mode of serving summons. But there must be a prior mahimong special sheriff
leave of court.
And the jail warden is required to make a return of
the summons within 5 days from service of summons
--------- B R E A K---------------------- on the defendant.

Section 9. Service consistent with international

conventions. — Service may be made through These are the steps:
methods which are consistent with established
international conventions to which the Philippines is 1. The litigant has to file a motion for leave of court
a party. (n) (naay proforma) before the forwarding authority
in the PH. All justices and clerks of court of
Earlier, “we” made mention regarding service of collegiate courts and judges are considered or
summons pursuant to a treaty wherein the PH is a designated as forwarding authorities.
member such as the Hague Service Convention.
That is under Sec. 9. 2. After a motion is filed and the court, acting as
forwarding authority has to determine the
propriety of extrajudicial service through the
It says service may be made through methods which Hague Service Convention in accordance with
are consistent with established international Rules 13 and 14 of the ROC, as amended.
conventions. 3. And if such service is proper, the court will issue
- “conventions” here does not mean an order that would include a directive to the
gathering requesting party to submit a prepaid courier
pouch for the transmission of the document.
- it means TREATY
- mupalit ug kanang pouch; sudlanan sad
example: Hague Service Convention document
4. Then the party has then to pay the fees and cost
Pwede ni siya service of summons pursuant to the for the request of service.
Hague Service Convention upon a - dunay bayranan
- defendant who is not residing in the PH: OR 5. Thereafter, upon completion of requirements,
- even upon the defendant who is residing in the court will transmit the documents to the
the PH but temporarily out of the PH. requested state.
- Itransmit nana didto sa mao nga nasod
(Ila-ilahon ang Hague Service Convention) - didto sa maong nasod, duna silay gitawag
na ug Central Authority which mo receive sa
tanang requests gikan sa laing nasod
READ: Supreme Court Adminsitrative (Circular) - sila maoy mo serve
Order No. 251-2020, September 11, 2020
- the Central Authority will cause the service of
- this administrative order refers to the the document, and vice versa.
guidelines on the implementation in the PH
of the Hague Service Convention on the - Kana ilang Central Authority, kung duna puy
service abroad of judicial documents in civil mga korte didto for example nga mu request
and commercial matters. na dunay document ipaserve diri sa Pilipinas,
naa pud tay gitawag nga Central Authority,
- this administrative order gives us the so kana ilang Central Authority mahimo
guidelines or the steps to be taken whenever pung forwarding authority
a court document, such as summons.
- ang atung Central Authority mao ang OCA,
 unsa may buhaton kung dunay Office of the Court Administrator
summons nga i-issue didto sa laing
nasud, and kanang maong nasud - The OCA maoy mu receive sa tanang
nga padad-an sa maong summons request unya in turn, mao rapuy mu padala
myembro sa Hague Service - example: ari sa Cebu, ipada rapud diri sa
Convention and vice versa. Cebu ang maong request, ipaserve ug
sheriff
Pananlitan dunay court document/court order na

iserve diri sa Pilipinas, duna pud tay mga steps. Naa READ Adminsitrative (Circular) Order No. 251-2020
ani sa AM (Order) No. 251-2020.
may be found, or in their absence or unavailability,

on their secretaries.
- bird’s eye view ratu as to the steps in the AC No.
251-2020 If such service cannot be made upon any of the
foregoing persons, it shall be made upon the person
- the motion should be filed before the court for
who customarily receives the correspondence for
the service of summons pursuant to the Hague
the defendant at its principal office.
Service Convention
In case the domestic juridical entity is under
receivership or liquidation, service of summons shall
Pero nganung mag lisod-lisod man jud na duna may be made on the receiver or liquidator, as the case
laing paagi, unsa man tung laing paagi na sayon may be.
ra? PUBLICATION
Should there be a refusal on the part of the persons
above-mentioned to receive summons despite at
least three (3) attempts on two (2) separate dates,
Kay kanang Hague Service Convention, usa raman
service may be made electronically, if allowed by
na sa mga modes. Naay sayon PUBLCIATION.
the court, as provided under Section 6 of this
rule. (11)
Section 10. Service upon minors and TN: Favorite bar topic
incompetents. — When the defendant is a minor,
insane or otherwise an
incompetent person, service of summons shall be Service of Summon upon Domestic juridical entity, sa
made upon him or her personally and on his or atu pa diri sa atung nasud.
her legal guardian if he or she has one, or if none,
upon his or her guardian ad litem whose
appointment shall be applied for by the plaintiff. In Unsaon man pag serve sa summons?
the case of a minor, service shall be made on his or
Look at the persons to be served with summons.
her parent or guardian.
The minors and the incompetents shall be served
with summons as well as his parents or guardian. REVIEW
When the plaintiff is a juridical person, do you still
recall who can sign the certification of against forum
Section 11. Service upon spouses. - When spouses shopping? (TIMAN-AN)
are sued jointly, service of summons should be made
to each spouse individually. (n)
If the spouses are being sued, summons must be When the plaintiff is a juridical person, who can sign
served on each of them. Dili by one take one. Sila the certification against forum shopping.
jud duha. Should be separately served in person.
If the defendant is a juridical person, domestic
Pero of course, if prompt personal service cannot be juridical entity, to whom shall summons be served?
done then substituted service may be resorted to. - When the defendant is a corporation,
Then mu comply dayun sa requirements sa partnership or association, organize with a
substituted service. juridical personality, service may be made on
any of these officers:
 President
Section 12. Service upon domestic private juridical
entity. — When the defendant is a corporation,  Managing partner, kung partnership
partnership or association organized under the laws
 General manager, not branch manager
of the Philippines with a juridical personality, service
may be made on the president, managing partner,  Corporate Secretary, dili tig type, not
general manager, corporate secretary, treasurer, or someone who performs clerical work; an
in-house counsel of the corporation wherever they officer of the corporation

 Treasurer, not the cashier; another the principal office of the cooperative. This is under
corporate officer Section 51 of the Cooperative Code.
 In-house counsel, he is an employee of - Every cooperative shall have an official
the corporation; not retained counsel postal address to which all notices and
(kanang taga gawas na dili nila communications shall be sent. (Mao ni
empleyado nya ila lang tagaan ug naa sa CoopCode)
monthly retainer’s fee); he must be an
So, ang summons didto man gi serve sa balay sa
employee in the corporation
officer sa coop aning defendant, gi question.
- TN: should not be served to retained
counsel
Ruling: The SC said ang kanang service sa summons
kay procedural. Kay procedural man, iyaha na sa
retained counsel- are outsiders na if SC. Basta procedural gani, the provisions of the ROC
dunay kaso, sila mo handle, but if that would prevail.
ginagmay ra na problema pwee ra sa in-
Cathay Metal Corporation v. Laguna West Multi-
house counsel
Purpose Cooperative, Inc., July 2, 2014
Wherever they may be found.
In summary, any of these officers may be served with

The rule states general manager, not just manager.
summons not necessarily at their office.
- If giserve gni na sa branch manager,
- dili kinahanglan sa ilnag opisina pareho sa
INVALID.
personal service
Treasurer, not cashier
- example:
E.B. Villarosa & Partner Co. v. Benito, Agust 6, 1999
*makit-an sa sheriff adto sa casino, pwede
ba ma serve-ban ug summons? PWEDE.
*makait-an didto sa SM/Gelleria, pwede ba Case: Ang sheriff nag serve ug summons adto sa
ma serve-ban ug summons? PWEDE. corporate secretary, an officer of the corporation.
Sheriff: Ma’am naa koy iserve na summons.
This provision of the rule does not limit service to the CS: Adto lang ihatag adto niya.
officers’ place of business or offices. If summons may
In short, wa mo receive ang corporate secretary.
not be served upon these persons personally at their
Naa mana silay receiving clerk “Adto lang
residences or offices, summons may be served upon
ipareceive nya.” Pagkahuman gi question dayun
any of the officers wherever may be found. (Pwede
ang validity sa service of summons. “Dili man ako ni
balay or opisina).
dawat niana so invalid.”
Service of notices of summons on interested parties
in a civil, criminal or special proceeding is court
procedure, so it shall be governed by the rules of Ruling: The SC said midawat na kay imo man gisugo
court. pagpadawat. Wa ka midawat mismo.
Cathay Metal Corporation v. Laguna West Multi- Where the corporation’s liaison officer receives the
Purpose Cooperative, Inc., July 2, 2014 summons for the defendant corporation upon the
instructions of their corporation secretary, there was
a valid service of summons.
In this case, ang summons didto gi-serve sa balay sa
Nation Petroleum Gas v. Rizal Commercial Banking
officer sa coop, President sa coop. Ilang gi question
Corporation, August 17, 2015
ang propriety sa service sa summons, ang validy sa
service of summons, kay naa sa Cooperative Code
(law ni) nga ang tanang mga
(MEMORIZE the list of officers)
correspondence/communications shall be send to

Panlitan silang tanang not available, wala diha ang The liquidator or the receiver.
president, wala diha ang corporate secretary, way
treasurer, way GM, as in wala, but ilang mga
secretaries naa. Pwede ba mabilin ngadto sa Under Corporation Code, kanang manira na mga
secretary nila? bangko for example, dunay liquidator, most likely
ang PDIC (Philippine Deposit Insurance
ANS:
Corporation).
Yes, but take note, “in their absence”. Pwede
ipadawat didto sa secetary kung wala tu sila. Kung
naa, adto jud nila ihatag. Kung pananglitanan, katong tanan atung
gipanghinganlan, dili jud manawat, hasta security
guard dili mo dawat?
In their absence or unavailability, summon may be
Under the last paragraph, the summons may be
served on their secretaries, under Sec. 12.
served electronically, if allowed by the court.
Pwede mo file ug motion for the service of summons
Kung pananglitan, for whatever reason, summons upon a juridical person/ corporation through
cannot be served on any of those persons, di ma electronic means.
serve didto sa mga officers: president, corporate
secretary, treasurer, general manager; ang ila pung
mga secretaries dili manawat? Section 13. Duty of counsel of record. — Where the
Under Sec. 12, for whatever reason summons summons is improperly served and a lawyer makes
cannot be served on any of those persons, now the a special appearance on behalf of the defendant
summons shall be served upon the person who to, among others, question the validity of service of
customarily receives the correspondence for the summons, the counsel shall be deputized by the
defendant at its principal office, should there be a court to serve summons on his client. (n)
refusal on the part of the persons mentioned despite Unsa tuy buhaton sa defendant kung pananglitan
3 attempts at 2 different dates, service may be there is an improper service of summons?
made- (na putol, naconfuse ko slight)
Most likely the defendant will file an answer with
affirmative defense of lack of jurisdiction over the
“If such service cannot be made upon any of the person of the defendant.
foregoing persons, it shall be made upon the person
who customarily receives the correspondence for
the defendant at its principal office.” Naas a Sec. 13 that where the summons is
improperly served and a lawyer makes a special
appearance on behalf of the defendant to
Kung dili mo dawat ang any of these officers, dili mo question the validity of service of summons, the
dawat ang secretary, then pwede ni bisan kinsa, counsel shall be deputized by the court to serve
any person who customarily receives summons on his client.
correspondence for the defendant at its principal - ang abogad, mu adto ka sa korte, iquestion
office. So substituted service. nmo ang validity sa service of summons, most
Service may be resorted to at its principal office. likely mo file sya ug answer with affirmative
Bisag kinsa, pwede: defense of lack of jurisdiction over the person of
the defendant
- front desk
- OR, (controversial- to be discussed later on)
- security guard, if usa na sa trabaho SG motion to dismiss on the ground of lack of
anang pagdawat anang mga jurisdiction over the person of the defendant
communication/correspondence (ibutang na allowed)
- now, the lawyer who would question the validity
Kung panlitan ang maong corporation is already of the service of summons shall be deputized by
under liquidation, kanang nanirado na, or the court to act as a sheriff
receivership, kinsa may pwede hatagan sa
summons?
- mahimo kang sheriff, ikaw may pa serve-bihon registered mail at the last known address of
sa imong client the defendant;
- kay sheriff man ka, you are required to file or (c) By facsimile;
submit a return of service of summons
(d) By electronic means with the prescribed
- mao nay silot sa abogado na mu question sa proof of service; or
validity
(e) By such other means as the court, in its
discretion, may direct. (12)
The court may deputize the counsel to serve Foreign juridical entity, for example:
summons on his own client.
- bangko
- foreign corporation
Mao ni giingon ganiha panlitan naay improper
service of summons, the court has the discretion of
instead dismissing the case, to issue an alias Unsaon mana ron pag serve ug summons?
summons and let another summons be served upon
“You remember in your Corporation Code” that
the defendant.
before a foreign corporation is allowed to engage
business here in the Philippines, they are required to
“Kay matod pa sa SC, unfair man sad na sayop sa secure a license. And one of the conditions in the
sheriff, nag tinapulan ang sheriff or ang process issuance of the license for them to engage business
server kay pabalikon gud kag 3 attempts. Mao in the PH is that they should have a resident agent,
ingon ang SC lisod pd kaayo ang plaintiff silutan who is allowed or authorized to receive court
kung mag tinapulan ang sheriff or ang process documents, including summons.
server nga pirmerong attempt niya ni dretso dayun
ug substituted na tinapulan mana. That’s why the
Asa man iserve ang summons?
court has discretion”
If that foreign juridical entity is licensed, that
presupposes nga duna siyay resident agent. The
Section 14. Service upon foreign private juridical summons shall be served n its resident agent. (par.1)
entities. — When the defendant is a foreign private
juridical entity which has transacted or is
doing business in the Philippines, as defined by Kung naa siyay resident agent, walay problema.
law, service may be made on its resident agent
designated in accordance with the law for that
purpose, or, if there be no such agent, on the Suppose, it has no resident agent but it is licensed.
government official designated by law to that For whatever reason wala siyay resident agent. Asa
effect, or on any of its officers, agents, directors or man iserve ang summons?
trustees within the Philippines.
(Par.1) If there be no such agent, the summons shall
If the foreign private juridical entity is not registered be served on the government official designated by
in the Philippines, or has no resident agent but has law to that effect, or on any of its officers, agents,
transacted or is doing business in it, as defined by directors or trustees within the Philippines.
law, such service may, with leave of court, be
effected outside of the Philippines through any of
the following means: Kung wala siyay resident agent, adto iserve sa
government official (nato) authorized to receive
(a) By personal service coursed through the summons for such foreign juridical entity.
appropriate court in the foreign country with
the assistance of the department of foreign
affairs; Kinsa man kaha ning mga government officials nato
(b) By publication once in a newspaper of na authorized sila pag receive ug summons on
general circulation in the country where the behalf of a foreign juridical entity?
defendant may be found and by serving a For example, ang defendant bangko, registered
copy of the summons and the court order by and licensed to do business here in the PH but it has
no designated resident agent, ang pwede mo TN: Still with prior leave of court.
receive sa summons kay Bangko Sentral ng Pilipinas.
1. Personal service, course through the
And the BSP would in turn, give the summons to the
appropriate court in the foreign country with
officers of that foreign bank.
the assistance of the DFA
- personal service but magpatabang ta sa
Kung panaglitan di siya bangko, insurance korte didto sa laing nasud
companies duly licensed to do business in the PH but
2. Publication, in a newspaper of general
it so happened, it has no resident agent. Kinsa man
circulation but [this time] in the country
serve-bihan sa summons?
where the defendant may be found and by
Insurance commission. serving a copy of the summons and the
court order by registered mail at the last
known address of the defendant.
Pananglitan dili bangko, dili sad siya foreign
- take note on this because this is an
insurance company, kinsa man ang pwede
exception to the rule
makadawat?
3. Facsimile
We have the SEC, Securities and Exchange
Commission, and in turn, kato maong mga opisina - pwede ra fax but there must be a prior
maoy mo hatag summons sa mga foreign juridical leave of court
entity concern.
- take note on facsimile kay di ni applicable
sa tanan
What if a foreign juridical entity is not licensed to do - para ra ni aning foreign juridical entity
business here in the PH or engage in business, without license
unsaon man?
- fax machine; exception to the rule
According to the SC, a foreign corporation
4. Electronic means
transacting business in the PH without a license shall
not be permitted to file a case, or intervene in any - with the prescribed proof of service
action BUT it may be sued on any valid cause of
- so pwede email
action.
- with prior leave of court
- embodied already in the Revised
Corporation Code, Section 150 5. Court’s discretion
- di sila pwede maka file ug kaso pero - and such other means as the court, in its
pwede nato makiha discretion, may direct
- duna nay discretion ang court to serve
summons on any other means that it deems
Nganung di man sila pwede makakiha?
sufficient
Because according to the SC, a corporation has a
legal status only within the state or territory in which
it was organized. A corporation organized in our M E MO R I Z E; unlicensed juridical entity and the
country has no personality to file cases in the PH. In same is sued in our country
order to file a case, it must acquire a license from
the appropriate government agencies, such as the
SEC. REPEAT: As a rule, a foreign juridical entity without
license cannot be allowed to sue, but it can be
sued.
Pwede man natu sila ma file-lan ug kaso, unsaon
man nato pag serve sa summons?
EXCEPTION:
Under Sec. 14, these are the modes of serving
summons on a foreign private juridical entity not Gi-allow siya pag kiha sa SC; wala siyay lisensya so
registered in the PH and has no resident agent but supposed to be dili siya pwede. Gi apply sa SC ang
has transacted business in our country: Doctrine of Estoppel.

DOTC (Department of Transportation and

Communication).
Ang defendant kuno na iyang gi kakontrata,
“kahibaw man kang walay lisensya, nganung diha Mangiat v. CA, August 20, 2008
man ka nakig kontrata? Estopped ka!”. Gi apploy
ang doctrine of estoppel.
Kinsa tuy padawaton nato sa summons? Asa iserve
ang summons basta ikiha nimo ang gobyerno or any
This is an exception to the rule that an unlicensed of its agencies? It would be the Solicitor General.
foreign juridical entity cannot sue. The exception is
the Doctrine of Estoppel. Now, according to the SC,
the unlicensed foreign private juridical entity may Kanang mga government owned and controlled
sue in the PH based on this doctrine. corporations, it would be the Solicitor General.
Global Business Holdings, Inc. v. Surecomp Software, Nakahunahuna kag kiha sa:
B.V., August 13, 2010
- PAG-IBIG, a GOCC.
- Philippine Postal Corporation, a GOCC
Section 15. Service upon public corporations. — So ang serve-bihan sa summons ana, ang Solicitor
When the defendant is the Republic of the General.
Philippines, service may be effected on the Solicitor
General; in case of a province, city or municipality,
or like public corporations, service may be effected What about local government units? For example,
on its executive head, or on such other officer or province, city? Kinsa may serve-bihan sa summons?
officers as the law or the court may direct. (13)
Kung Local Government Units gani, ang head. For
Kung ikiha nimo ang gobyerno, for example, ang example:
DOH. Imung ikiha kay nasakit hinuon ka kay nagpa
injection kag bakuna. Imung ikiha, kinsa may serve- - Provincial Government, it would be the
bihan nimo sa summons? Unsaon man pag serve sa Governor
summons? - City Government, it would be the City
TN: Remember your pollical law that the Mayor
government cannot be sued without its consent. - mao serve-bihan sa summons
- under Sec. 15.
Just in case lang makahunahuna kag kiha, kinsa
may serve-bihan sa summons?
In case of a province, city or municipality, or like
The Solicitor General. Kay kanang SG, maoy public corporations, service may be effected on its
abogado sa atung gobyerno. Adto iserve ang executive head, or on such other officer or officers
summons. as the law or the court may direct.
When the defendant is the Republic of the Pwede pud ngadto sa ilahang, for example,
Philippines, service may be effected on the Solicitor provincial/city Legal Office.
General.
Look at that case of, katong giingon ni Judge D na

TN: Mu ingon gani kog government, Republic of the Bureau of Telecommunications
PH, not necessarily the President, not necessarily ang
Cabinet Secretaries. Pwede kanang mga agencies Manguiat v. CA, August 20, 2008
niya.
Republic v. Domingo, September 14, 201t

Case: Ang gikiha kay ang Bureau of In this case, iyang gikiha ang DPWH kay giabangan
Telecommunications, an attached agency of the iyang mga construction equipments, wala mu
bayad sa abang. Maong iyang gikiha ug
Collections of Sum of Money ang Regional Director (2) The date and time of the three (3)
sa DPWH. Kinsay serve-bihan sa summons? attempts on at least (2) two separate dates
to cause personal service and the details of
the inquiries made to locate the defendant
Pwede ang regional director pud apilon pero anag residing thereat; and
pinaka importante ang Solicitor General.
(3) The name of the person at least eighteen
- not only the government official concern (18) years of age and of sufficient discretion
but also the most important, the SG residing thereat; name of competent person
in charge of the defendant's office or regular
place of business, or name of the officer of
---Section 16, 17, and 18 was discussed already. ---- the homeowners' association or
condominium corporation or its chief
security officer in charge of the community
Section 19. Leave of court. — Any application to the or building where the defendant may be
court under this Rule for leave to effect service in any found. (4)
manner for which leave of court is necessary shall be
Unsa tu ning return?
made by motion in writing, supported by affidavit of
the plaintiff or some person on his behalf, setting Mao ni ang report sa service of summons.
forth the grounds for the application. (17)
As what we have learned, there are instances that Kinsa mu buhat aning maong return?
service of summons requires prior leave of court,
such as: It would be the sheriff or the process server, or any
person deputized by the court to serve summons.
- when the resident defendant, the
whereabouts of whom is unknown, then - kung ang lawyer gi deputized sa court,
service of summons can be done through then siyay mu buhat sa return
publication but there must be a prior leave
of court
Unsa may contents sa return?
- there must be a motion to be filed in court
first Naas a Sec. 20
- hasta pud tung extraterritorial service
- katong service of summons through Within thirty (30) calendar days from issuance of
electronic mail summons and receipt thereof, the sheriff or process
server, or person authorized by the court, shall
- service of summons sa foreign juridical complete its service.
entitly, kinahanglan tu ug leave of court
- within 30 days iserve na ang summons
Section 20. Return. — Within thirty (30) calendar

days from issuance of summons by the clerk of court Within five (5) calendar days from service of
and receipt thereof, the sheriff or process server, or summons, the sheriff or the process serve is required
person authorized by the court, shall complete its to submit to the court its return or report.
service. Within five (5) calendar days from service of
summons, the server shall file with the court and
serve a copy of the return to the plaintiff's counsel, Just in case, substituted service of summons is
personally, by registered mail, or by electronic resorted to, look at the items that must be (the word
means authorized by the Rules. used by the law is “shall”)-
Should substituted service have been effected, the

return shall state: Should substituted service have been effected, the
return shall state the following, unsay ibutang.
(1) The impossibility of prompt personal
service within a period of thirty (30) calendar
days from issue and receipt of summons;
Unsa mahitabo kung pananglitan dili na ma follow?

The service of summons may be considered as

INVALID.
Kung pananglitan, it was served by a person other
than the sheriff?
_Take note since this is very important. _ The return shall be under oath.
- ang sheriff/process server dili ra
kinahanglan under oath kay it’s part of his
Section 21. Proof of service. — The proof of service duties.
of a summons shall be made in writing by the server
and shall set forth the manner, place, and date of - pero kung private person, kinahanglan nga
service; shall specify any papers which have been under oath ang return. Pagmatuod nga
served with the process and the name of the person tinuod na iyang gipanulti.
who received the same; and shall be sworn to when
made by a person other than a sheriff or his or
her deputy. If summons is allowed to be served through e-mail,
the same can be proved by a printout of said e-mail,
If summons was served by electronic mail, a printout and the affidavit of the person mailing it.
of said e-mail, with a copy of the summons as
served, and the affidavit of the person mailing, shall
constitute as proof of service. (18)
Section 22. Proof of service by publication. — If the
Pananglitan personal service, unsa may proof nimo service has been made by publication, service may
nga nadawat jud personally sa defendant ang be proved by the affidavit of the publisher, editor,
summons? business or advertising manager, to which affidavit
a copy of the publication shall be attached and by
Iyahang pirma. an affidavit showing the deposit of a copy of the
summons and order for publication in the post
office, postage prepaid, directed to the defendant
Kung pananglitan wa mu pirma? by registered mail to his or her last known address.
Butangan diha refuse to sign. (19)
What about if the summons is served through
publication? Unsa may proof ana na napublish?
Wala mo dawat, wala pajud mo pirma?
Ang proof ana na na publish, the publisher shall
Refuse to receive and sign.
execute an affidavit unya katong clippings,
iattached didto sa records. Katong page na
napublish siya.
Unsa tuy buhaton gani sa sheriff kung pananglitan di
mu dawat and labi najud di mo pirma?
Dad-on niya balik sa korte, Look at Sec. 22, if served by publication, it may be
proved by the affidavit of the publisher, etc. (editor,
“Sir dia koy summons, sir.”
business or advertising manager), to which affidavit
“Ah di ko mu dawat ana.” – unsaon man niya? a copy of the publication shall be attached.
“Kuan lang sir, ay lang pirma sir. Dawata lang” - katong clippings.
“Di ko mo pirma, di sad ko mu dawat.” -unsaon
mana?
Unsa gani tung kaluha service of summons by
publication?
Dad-on balik ang summons? Unsa tuy buhaton? Complimentary service of summons by registered
mail. Duna puy proof ana, katong registry receipts.
It shall be left in the presence of the defendant and
As well as the affidavit of the person mailing the
within his view.
same.
Iya ng ibutang didto sa iyang return, that the
defendant refused to receive, refused to sign, that’s
why the summon was left in the presence and within
the view of the defendant.
Section 23. Voluntary appearance. — The

defendant's voluntary appearance in the action Unsaon mana ron naa man diha sa Sec. 23 that a
shall be equivalent to service of summons. The motion to dismiss is allowed on the ground of lack of
inclusion in a motion to dismiss of other grounds jurisdiction over the person so dunay conflict.
defendant shall be deemed a voluntary
appearance. (20) Section 23, Rule 14 Section 12(a), Rule 15
The voluntary appearance of the defendant is MD is allowed on the Prohibited
equivalent to service of summons. ground of lack of
jurisdiction over the
person, provided no
TN: The second sentence. other grounds is raised.
The inclusion in a motion to dismiss of other grounds

defendant shall be deemed a voluntary Kay conflicting lage, the experts in Civil Procedure
appearance. have conflicting opinions.
Miingon si Judge D na kanang ground na lack of According to:

jurisdiction over the person of the defendant shall be Atty. Tranquil Salvador
raised as an affirmative defense didto sa answer.
“That is really prohibited. Motion to Dismiss on the
ground of lack of jurisdiction over the person of the
It would appear in the second sentence that a defendant is prohibited”
motion to dismiss is allowed on the ground of lack of
jurisdiction over the person of the defendant,
provided wala siyay laing ground iraise. Other experts
“That is allowed because that is mentioned in Rule
14, Section 23.”
Kay kung dunay laing ground, for example,
prescription/ payment, then waive iyahang right to
question sa jurisdiction sa court. Judge D
“Kinahanglan pata ug ruling ani sa Supreme Court
Naa pay mas lawm na pangutana ana, nganu for clarification. Kung allowed ba jud or dili.”
man?
Kay under Rule 15, Section 12(a), filing of a motion Kung pananglitan ipangutana gani na sa bar,
to dismiss is not allowed except on those grounds whatever will be your answer is correct.
under Section 1, Rule 9:
1. lack of jurisdiction over the subject matter
example problem:
2. prescription
There was an improver service of summons. The
3. litis pendentia defendant filed a Motion to Dismiss on the ground of
4. res judicata lack of jurisdiction over the person of the defendant.
(Pangutan-on ka) Is the motion meritorious?
Other grounds are prohibited.
Muingon gani kag Yes, nganu man? Section 23, Rule

In other words, if ari tas Rule 15, Section 12(a), dili 14 mao imong isupport.
pwede ang motion to dismiss on the ground of lack
of jurisdiction over the person. Ang allowed lang kay
lack of jurisdiction over the subject matter.
Kung mu ingon kag no, it is not meritorious because person. Since MD is not a responsive pleading,
it is a prohibited motion. Imong isupport katong Sec amendment would still be a matter of right.
12(a), Rule 15.
So atu pa maghunahuna siyag usab, duna siyay

Whatever your answer, duna jud kay points ana usbononon sa iyang complaint, pwede pa.
basta dunay legal basis. Matter of right.
(Chika rani ni Judge) Whereas, kung mo file kag answer and raise it as
an affirmative defense, amendment would no
Judge D’s Personal Opinion, dili ni answer sa Bar or
longer be a matter of right.
anything
“Atung icompare ngadto sa Criminal Procedure.”
2. When a MD is filed, dili ka ka raise ug
Didto sa Crim Pro naay similar provision didto. Didto
counterclaim kung idismiss.
sa jurisprudence.
Whereas, kung mo file kag answer, the

CrimPro: A motion to quash on the ground of lack of
defendant can raise counterclaim.
jurisdiction over the person of the accused, pwede
ma file, provided no other grounds shall be 3.
included.
- so pwede man ngadto sa Crim Pro lage
BarQ.
ang motion to quash nga lack of jurisdiction
over the person of the accused, most likely Can there be a motion to dismiss with counterclaim?
allowed sad na diri, ang motion to dismiss
ANS: NO. A counterclaim could only be
on the ground of lack of jurisidcition over
incorporated in the answer, not in the motion to
the person of the defendant.
dismiss because a motion to dismiss is not a
- Kay allowed man gani didto sa criminal responsive pleading.
case, most likely allowed pud na diri sa civil
case.
-----------E N D--------------------
- Just Judge D’s personal opinion na allowed
siya
Just incase ipanguta sa bar. Pero kung abogado Next Topic:
naka, pinaka safe nimong buhaton is raise it as an
Mu balik sa Rule 13, Filing and Service of Pleadings,
affirmative defense. Do not file a motion to dismiss
Judgments and other Papers
whenever there is an improper service of summons.
File an answer and raise it as an affirmative defense.
“Ibutang nato allowed ang MD”

There’s an advantage kung mo file kag answer
instead of MD.
Filing an MD is impractical. Why?
1. Remember that a MD is not a responsive

pleading. So if the defendant would file a motion
on the ground that there was an improper
service of summons and his asking the dismissal
of the case due to lack of jurisdiction over the
October 15, 2021 counsel if one is designated, or upon any one of

them if there is no designation of a lead counsel.
Choy
Rule 14 is about service of summons What is the reason why is it that if the part is
represented by a counsel the pleading or any doc
RULE 13 should be furnished to the counsel and not to the
FILING AND SERVICE OF PLEADINGS, JUDGMENTS party?
AND OTHER PAPERS
- acc to the SC, the parties had no formal
Section 1. Coverage. — This Rule shall govern the education or knowledge of the rule of
filing of all pleadings, motions, and other court procedure specifically the mechanics for
submissions, as well as their service, except those for example of the appeal or the availment of
which a different mode of service is prescribed. the legal remedies, they may be also aware
of the rights and duties of the litigants relative
Aside from summons, serving and filing of motions the reset of a decision. Gatmaitan vs dolor
and pleadings kni rule mooy mu apply. feb 20 2017
Complaint considered as a pleading pero naay
If a copy of the pleading or motion is furnished to the
separate rules rule 14 party instead of the counsel, that is not considered
Regarding filing and service of answer as well as as a service or the service is invalid. It is deemed that
motions-this rule will apply the adverse party has not been furnished a copy of
the motion or pleading.
As regards with service of summons together with
complaint and annexes to the defendant- rule 14 Rule of the thumb: kana sa case bsan unsa na
will apply pleading or motion na I file sa party sa court, sa dili
pa I file sa court ang pikas party tagaan nmo ug
Section 2. Filing and Service, defined. — Filing is the copy.
act of submitting the pleading or other paper to
the court. Ex: file a motion to declare defauly-before I file sa
court need ang pikas tagaan sa copy arun
Service is the act of providing a party with a copy of makabalo cya sa imong pleading or motion na gi
the pleading or any other court file. Same with answer. Need na ang counsel ang
submission. If a party has appeared by counsel, imong tagaan dili ang party. Kay if ang party
service upon such party shall be made upon his or tagaan that is not considered as service. It is
her counsel or one of them, unless service upon the deemed that the adverse party has not been
party and the party's counsel is ordered by the furnished with a copy.
court. Where one counsel appears for several
parties, such counsel shall only be entitled to one What is the consequence if way furnished copy ang
copy of any paper served by the opposite side. adverse party?
Knsay tagaan sa copy? - the motion or pleading will not be

entertained by the court. It will be
If a party has a counsel then the pleading or motion considered as a useless paper.
or whatever paper or document should be furnished
to his counsel, need adto sa atty dili sa party UNLESS - including documents coming from the court,
the court directs that the party himself should be decisions, orders- it must be the counsel of
furnished of a copy of the pleading, motion or order. the party and not the party himself.
TN definition of service and filing Service of court’s order upon any person other than
the counsel of record is not legally effective and
Supposed the party is represented with 2 or more binding upon the party nor may it start the
counsels? corresponding the reglementary period for the
- only one of them will be service with a copy subsequent procedural step that may be taken by
of the pleading or motion- the lead counsel the lawyer.
- if there is none, then anyone of them would Ex: decision sa court gi furnished sa party wala sa
be sufficient. lawyer. It is as if that the adverse party has not been
furnished with the decision.
Where several counsels appear for one party, such
So the reglementary period will not start to run.
party shall be entitled to only one copy of any
Cervantes vs city savings corporation april 18 2006.
pleading or paper to be served upon the lead
What about if a lawyer has transferred payment, or deposit in court. The envelope shall be
residence/office address without informing the attached to the record of the case. In the fourth
court? case, the date of electronic transmission shall be
considered as the date of filing.
If the lawyer fails to receive orders, decisions of the
court or pleadings of the adverse party bec he did COC endorse-what do you mean by endorse?
inform the court or the adverse party regarding the
change of address. That is considered that he is duly - stamp tatakan butangan ug time and date.
served or received a copy of the orders and Actually di jud ang COC ang mu actually
decisions of the court or motions or pleadings of the receive dunay encharge ana for criminal
adverse party. case ang civil case clerk encharged.
Acc to the SC, if the counsel moves to another Kana personal filing or registered mail. Gitawag ug
address without informing the court of the change traditional/ conventional way of filing pleadings.
such omission or neglect is inexcusable and will not Filing by accredited courier or email or other
stay the finality of the decision. The court cannot electronic mail-bag o ni. These are new ways of
take judicial notice of the new address of the lawyer filing. But bsan pa if naay bg o na pamaagi sap g
who has moved. The court has no duty to ascertain file, kaanng traditional way of filing-the same modes
on its own whether or not the counsel of record has of filing are required when what is to be filed is
been change or the who the new counsel could initiatory pleading or initiatory responsive pleading
possibly be or probably resides or holds new office. such as answer.
GCP moey transpot inc v prinsepe nov 11 2005
Connect to sec 14 rule 13, dunay mga pleadings or
Negligence of the counsel or mistakes of counsel documents na di pede email, ang gi allow lang
are considered mistakes of the client. IOW Clients personal and registered mail.
are bound by the mistakes of their counsels
What are those?
Mendoza vs CA july 15 2015
How should a motion or pleading be filed in court? Section 14. Conventional service or filing of orders,
Aside ni sa complaint. pleadings and other documents. —
Notwithstanding the foregoing, the following orders,
What is filing? pleadings, and other documents must be served or
- -submission to the court of the pleading or filed personally or by registered mail when allowed,
motion other than a complaint. and shall not be served or filed electronically, unless
express permission is granted by the Court:
Section 3. Manner of filing. — The filing of pleadings
and other court submissions shall be made by: (a) Initiatory pleadings and initial responsive
pleadings, such as an answer;
(a) Submitting personally the original thereof,
plainly indicated as such, to the court; - complaint and petition di pede email or
private courier. Need jud ug RM or personal
(b) Sending them by registered mail; filing.
(c) Sending them by accredited courier; or - ang complaint is only deemed filed when
(ex: LBC) the corresponding docket fees are paid.
(d) Transmitting them by electronic mail or Kung imong gi email unsaon pg pay sa DF.
other electronic means as may be
authorized by the Court in places where the
court is electronically equipped. (b) Subpoenae, protection orders, and writs;
Karun gi allow ang email kay pandemic esp - ex: writ of execution
atong ECQ gi close ang courts
(c) Appendices and exhibits to motions, or
In the first case, the clerk of court shall endorse on other documents that are not readily
the pleading the date and hour of filing. In the amenable to electronic scanning may, at
second and third cases, the date of the mailing of the option of the party filing such, be filed
motions, pleadings, and other court submissions, and served conventionally; and
and payments or deposits, as shown by the post (d) Sealed and confidential documents or
office stamp on the envelope or the registry receipt, records.
shall be considered as the date of their filing,
If a pleading or motion is filed by private courier or What are the modes?

registered mail-the date of mailing is considered the
1. Personal
date of filing. Sa ato pa kadtong nga postmaster
nga mi receive sa motion kay gi RM or katong 2. Registered mail
courier na mi receive sa motion isipon tu na
3. Accredited courier
deputized sa court bec the date of the mailing will
be considered as the date of filing. 4. Electronic mail
Important ang date of mailing why? 5. Facsimile transmission
Ex: naka received kag decision or order, if you - sa filing wala ning fax pero service naa and
disagree with the decision-you need to file an other electronic means provided it is
appeal within 15 days if not- the decision will be authorized by the court and provided the
considered final if no appeal or MR. adverse party agrees that he would be
furnished a copy thru electronic means
What if toa ka sa lau na lugar (Mindanao) di ka
basta2x ari sa cebu city- pede I post office. - same with filing, naay documents na ang
iyahang mode of service available kay PS
The envelope shall be attached to the record. Arun
and RM ra.
Makita kanus a gi mail.
- katong naa sa rule 13 sec 14
Pandemic: allowed ang electronic mail look at
admin 32-2020 Under sec 13 the judgement, resolution or order
issued by the court shall be served on the parties
Filings of pleadings and motions through ordinary
only thru PS or RM. Pede accredited curroer but ther
mail and fax transmission is not included in the
must be motion to be file by any of the party to the
enumeration bec in the first place courts does not
party at the expense of such moving party.
have fax machine
Ato nabaw an sa summons , if a resident defendant
Section 4. Papers required to be filed and served. — cannot be served with summons bec his address or
Every judgment, resolution, order, pleading whereabouts is unknown, he can be served with
subsequent to the complaint, written motion, notice, summons thru publication.
appearance, demand, offer of judgment or similar
papers shall be filed with the court, and served upon What if duna nay decision sa court, gi served ang
the parties affected. summons by publication-unsaon pg kabalo na naay
decision of the court?
What are papers need to be filed and served?
- the decision of the court or order shall also
- judgment or decisions of the courts be served thru publication at the expense of
Bcin ma confuse mo sa why apil ang judgment ug the prevailing party.
orders dri, kanang judge ng sign sa decision iyahang Kning sec 13 rule 13 wala mg hisgut na ang entire
ihatag sa COC tatakan sa COC sa date and time decision mooy ipublished pero usally ana dispositve
na nadawat nya ang date and time sa judge, that portion ra.
is important bec that is the date when the decision
is rendered. Then furnished the counsel of the Dunay pleadings na di pede private courier. Need
decision. na PS or RM.
Section 5. Modes of Service. —Pleadings, motions, (a) Initiatory pleadings and initial responsive
notices, orders, judgments, and other court pleadings, such as an answer;
submissions shall be served personally or by (b) Subpoenae, protection orders, and writs;
registered mail, accredited courier, electronic mail,
facsimile transmission, other electronic means as (c) Appendices and exhibits to motions, or
may be authorized by the Court, or as provided for other documents that are not readily
in international conventions to which the Philippines amenable to electronic scanning may, at
is a party. the option of the party filing such, be filed
and served conventionally; and
What is service?
(d) Sealed and confidential documents or
- act of giving or furnishing a copy of the records.
motion or pleading to the adverse counsel.
Naay lain paagi sa pg served ug pleadings:
Under sec 5: service by virtue of international party's or counsel's residence, if known, with a
convention to which the Philippines is a party. person of sufficient age and discretion residing
therein.
Last time when we discussed service of summons
atong nabaw an ang summons pede ma served Adto sa counsel if naa or authorized rep named in
basta ang defendant is not residing in the Phils not the pleading or mtion
found in the Phils (residing abroad) pede ipaagi ang
pg served sa summons ff the provisions of the Hague It is still considered personal service if the counsel is
service convention. not around and the copy of the motion or pleading
is served on the authorized rep
Applicable ang moong rule sap g served sa other
kinds of pleadings. Ex: wa diha ang atty sa office but naay secretary
pede maka received and still considered personal
What are the ways in serving pleadings, motions, service. Do not confuse kay sa summons if ihatag
orders? lain tao di na considered as PS but substituted
1. PS- no need of leave of court already.
2. RM- “ Sa summons ang tawag sa PS is called service in

person-cya mismo ang tagaan pero dri sa “other
3. PC- (accredited courier) - “ pleadings and motions” considered gihapon na PS
4. EM – must be with leave of court bsan dili mismo ang party naka received. Dri ang
emphacis dri sa NAG SERVED wa gni gi mail but
5. Facsimile – with leave of court ghatud jud ug tuyo ddto gitawag ug PS. Sa
6. Other electronic means – with leave of court summons ang focus sa ng dawat. It would be
considered as PS even if the person who received
7. International conventions to which Phils is a the motion or pleading is not the adverse party
party such as Hague service convention on himself but the authorized representative.
the service abroad of judicial documents in
civil and commercial matters. Dunay priority dri: adto sa office I hatud, if the
counsel has no office that would be the time that
Prior to the amendment: the M or P should be served in his residence.
Service of Pleadings or motions shall only be made You may notice that the manner of service sa other
thru PS or RM. Kni ra jud duha but now there are pleadings may be considered as service in person
additional modes of service other than or substituted service in rule 14 but here considered
conventional modes but bsan pa sa additional ghapon as personal service. Service upon a lawyer
mode of service under the present amendment may be effected at the exact given address of the
judgments, decisions, final orders, resolutions of the lawyer appearing on the records. PDLT Co. NLRC
court initial responsive pleadings such as answer, march 26,1984
subpoena, protection order, writs etc the same shall
be only be served thru PS or RM. Ex: if toa sa 7th floor adto jud na ihatag di ipahatag
sa guard unless authorized ang guard.
Electronic service or facsimile, allowed if there is a
court order and provided the adverse party Section 7. Service by mail. — Service by registered
consented to such mode of service sec 9 rule 13 mail shall be made by depositing the copy in the
post office, in a sealed envelope, plainly addressed
to the party or to the party's counsel at his or
DIFFERENT MODES OF SERVICE! Listen carefully bec her office, if known, otherwise at his or
naay diff sa service of summons. her residence, if known, with postage fully pre-paid,
and with instructions to the postmaster to return the
Section 6. Personal Service. — Court submissions mail to the sender after ten (10) calendar days if
may be served by personal delivery of a copy to the undelivered. If no registry service is available in the
party or to the party's counsel, or to their authorized locality of either the sender or the addressee, service
representative named in the appropriate pleading may be done by ordinary mail.
or motion, or by leaving it in his or her office with
his or her clerk, or with a person having charge OLD rules:
thereof. If no person is found in his or her office, or PS is preferred; service by RM is only availed if it is
his or her office is not known, or he or she has no impossible/difficult to server a copy of the motion to
office, then by leaving the copy, between the hours the adverse party personally. If imong I registered
of eight in the morning and six in the evening, at the
mail and yo u don’t have an excuse why did you - TN service ra ni walay filing by facsimile
resort to RM –the same would be considered as no
service at all or as if the adverse party has not been Section 10. Presumptive service. — There shall be
served with a copy. presumptive notice to a party of a court setting if
such notice appears on the records to have been
Ex: MR imong gi mail, it is as if that the adverse party mailed at least twenty (20) calendar days prior to
has not received a copy of the motion and your the scheduled date of hearing and if the addressee
motion will not be entertained by the court. is from within the judicial region, or at least thirty (30)
There must be an explanation why is it that a copy calendar days if the addressee is from outside the
of the motion was not furnished personally to the judicial region. (n)
adverse counsel. If a notice to s party is mailed sat least 20 cal days
Ex: layo ba ang place or way messenger. prior to hearing the adverse counsel is presumed to
have received the copy of said notice. Kung na mail
BUT KARUN WALA NANI NA DAPAT NAAY cya 20 days prior sa hearing.
EXPLANATION WHEN SERVING THROUGH REGISTERED
MAIL Ex: na cancel ang hearing kay gi lockdown ang
court naay ng covid, wala nakabalo ang parties if
Section 8. Substituted service. — If service of kanus a ang sunod hearing thru RM or PS. If it is
pleadings, motions, notices, resolutions, orders and mailed thru RM, sunnod hearing dec 1, gi mail cya.
other papers cannot be made under the two Kung presentation of evidence na sa plaintiff unya
preceding sections, the office and place of pgka dec 1 wa mitunga ang defendant u gang
residence of the party or his counsel being unknown, iyang counsel, I treat na nakadawat sa notice.
service may be made by delivering the copy to the
clerk of court, with proof of failure of both personal Unsay consequence?
service and service by mail. The service is complete - deemed to waive his right to cross examine
at the time of such delivery. the witness
Ang I served dri motion or other pleading aside form - I present ang witness, wa mn ang Defendant
complaint. ug counsel, I presumed na ni waived cya sa
cross examination
If the adverse counsel has no office or if naay office
gi close na or he has no residence kay wa mghatag, - isipon na nakabalo ka kay ang notice na
unsaon pg furnished sa motion nmo? mail mn more than 20 days prior hearing
- Thru substituted- the copy of the motion TN: presumption sa HEARING ra ha kay sa OLD rules
intended for the adverse party shall be filed ddto sa court kung wala gani proof of service sa RM
to the clerk of court and adto rapod I claim or return receipt i cancel kay bcin wa nakadawat.
sa adverse party.
OLD-presumption na wa makadawat
Section 9. Service by electronic means and PRESENT- presumption na nakadawat
facsimile. — Service by electronic means and
facsimile shall be made if the party concerned If outside the region-30 days prior hearing
consents to such modes of service.
Section 11. Change of electronic mail address or
Service by electronic means shall be made by facsimile number. — A party who changes his or her
sending an e-mail to the party's or counsel's electronic mail address or facsimile number while
electronic mail address, or through other electronic the action is pending must promptly file, within five
means of transmission as the parties may agree on, (5) calendar days from such change, a notice of
or upon direction of the court. change of e-mail address or facsimile number with
the court and serve the notice on all other parties.
Service by facsimile shall be made by sending a
facsimile copy to the party's or counsel's given Service through the electronic mail address or
facsimile number. (n) facsimile number of a party shall be presumed valid
unless such party notifies the court of any change,
As what we have said earlier, serv ice of P or M and as aforementioned. (n)
other docs could only be availed of if allowed by the
court, or if the adverse party consents thereto. Sec The court must be notified of the change of email
9. Usually mgsabto ra ang parties na pede email. ad or facs no. the same rule traditional address,
kung di ka mg inform na ng chang kag email ad
Facsimile:
then it is presumed that you have the same. If di (d) Sealed and confidential documents or
madawat then that is your fault. records. (n)
Section 12. Electronic mail and facsimile subject and Although there are additional modes, there are
title of pleadings and other documents. — The documents na traditional modes (PS or RM) ra jud
subject of the electronic mail and facsimile must ang pede.
follow the prescribed format: case number, case
title and the pleading, order or document title. The
title of each electronically-filed or served pleading Section 15. Completeness of service. — Personal
or other document, and each submission served by service is complete upon actual delivery. Service by
facsimile shall contain sufficient information to ordinary mail is complete upon the expiration of ten
enable the court to ascertain from the title: (a) the (10) calendar days after mailing, unless the court
party or parties filing or serving the paper, (b) nature otherwise provides. Service by registered mail is
of the paper, (c) the party or parties against whom complete upon actual receipt by the addressee, or
relief, if any, is sought, and (d) the nature of the relief after five (5) calendar days from the date he or
sought. (n) she received the first notice of the postmaster,
Section 13. Service of Judgments, Final Orders or whichever date is earlier. Service by accredited
Resolutions. — Judgments, final orders, or resolutions courier is complete upon actual receipt by the
shall be served either personally or by registered addressee, or after at least two (2) attempts to
mail. Upon ex parte motion of any party in the case, deliver by the courier service, or upon the expiration
a copy of the judgment, final order, or resolution of five (5) calendar days after the first attempt to
may be delivered by accredited courier at the deliver, whichever is earlier.
expense of such party. When a party summoned by Electronic service is complete at the time of the
publication has failed to appear in the action, electronic transmission of the document, or when
judgments, final orders or resolutions against him or available, at the time that the electronic notification
her shall be served upon him or her also by means of of service of the document is sent. Electronic service
publication at the expense of the prevailing party. is not effective or complete if the party serving the
(9) document learns that it did not reach the addressee
or person to be served.
- di pede i- email, under sec 13 it must be
served through PS or RM, pede courier but Service by facsimile transmission is complete upon
the expenses must be shouldered by the receipt by the other party, as indicated in the
concerned party AND there must be a facsimile transmission printout. (10)
motion
When can you say that the service is complete?
If the defendant was served thru publication then
PS- actual delivery
the decision also shall be served thru publication
RM- upon actual receipt
Section 14. Conventional service or filing of orders,
pleadings and other documents. — What if sa RM sa post office if di I claim?
Notwithstanding the foregoing, the following orders,
- if di dawaton the service is considered complete
pleadings, and other documents must be served or
after 5 cal days from the date he or she received the
filed personally or by registered mail when allowed,
first notice of the postmaster.
and shall not be served or filed electronically, unless
express permission is granted by the Court: Section 16. Proof of filing. — The filing of a pleading
or any other court submission shall be proved by its
(a) Initiatory pleadings and initial responsive existence in the record of the case.
pleadings, such as an answer;
(a) If the pleading or any other court
(b) Subpoenae, protection orders, and writs;
submission is not in the record, but is claimed
(c) Appendices and exhibits to motions, or to have been filed personally, the filing shall
other documents that are not readily be proven by the written or stamped
amenable to electronic scanning may, at acknowledgment of its filing by the clerk of
the option of the party filing such, be filed court on a copy of the pleading or court
and served conventionally; and submission;

(b) If the pleading or any other court ma misplaced or ma attached sa lain record so
submission was filed by registered mail, the unsay evidence nmo na indeed nakafile ka anang
filing shall be proven by the registry receipt motion? Ex: notice of appeal / MR kay I appeal na
and by the affidavit of the person who ang pikas ug motion for execution kay final and
mailed it, containing a full statement of the executory na daw ang decision. Unsay proof nmo?
date and place of deposit of the mail in the Ang imong copy.
post office in a sealed envelope addressed What if dili personal but RM, unsay proof nmo naka
to the court, with postage fully prepaid, and file ka kay usahay di madawat sa court ma mis-
with instructions to the postmaster to return delivered. Unsay proof nmo?
the mail to the sender after ten
(10) calendar days if not delivered. - Registry receipt and affidavit of person mailing the
motion
(c) If the pleading or any other court
submission was filed through an accredited Kung private courier gni –receipt including the
courier service, the filing shall be proven by tracking no.
an affidavit of service of the person who What if accredited courier?
brought the pleading or other document to
the service provider, together with the - affidavit of person mailing and official reciept
courier's official receipt and document including tracking no.
tracking number. What about mail?
(d) If the pleading or any other court - affidavit of electronic filing
submission was filed by electronic mail, the
same shall be proven by an affidavit of Section 17. Proof of service. — Proof of personal
electronic filing of the filing party service shall consist of a written admission of the
accompanied by a paper copy of the party served, or the official return of the server, or the
pleading or other document transmitted or a affidavit of the party serving, containing a statement
written or stamped acknowledgment of its of the date, place, and manner of service. If the
filing by the clerk of court. If the paper copy service is made by:
sent by electronic mail was filed by
registered mail, paragraph (b) of this Section (a) Ordinary mail. - Proof shall consist of an
applies. affidavit of the person mailing stating the
facts showing compliance with Section 7 of
(e) If the pleading or any other court this Rule.
submission was filed through other
authorized electronic means, the same shall (b) Registered mail. - Proof shall be made by
be proven by an affidavit of electronic filing the affidavit mentioned above and the
of the filing party accompanied by a copy registry receipt issued by the mailing
of the electronic acknowledgment of its office.ℒαwρhi৷ The registry return card shall
filing by the court. (12) be filed immediately upon its receipt by the
sender, or in lieu thereof, the unclaimed
What about filing? letter together with the certified or sworn
What is your proof of filing? copy of the notice given by the postmaster
to the addressee.
What if dunay lalis if naka file ba ug MR ang losing
party. Unsay proof nan aka file cya? (c) Accredited courier service. - Proof shall
be made by an affidavit of service executed
- of course iyang copy, tatakan ug received. by the person who brought the pleading or
The first proof/ primary proof is the copy on record- paper to the service provider, together with
every case naay compilation sa case record sa the courier's official receipt or document
court. Whatever pleading na I file I attached sa tracking number.
maong record. (d) Electronic mail, facsimile, or other
Ex: MR naa gnui sa record- the best proof nan aka authorized electronic means of transmission.
file jud ka - Proof shall be made by an affidavit of
service executed by the person who sent the
Ang lalis ana if wa ma attached- possible ban a na e-mail, facsimile, or other electronic
di ma attached? Yes possible sa kadghan sa cases

transmission, together with a printed proof of pendency of the action. Said notice shall contain
transmittal.(13) the names of the parties and the object of the
action or defense, and a description of the property
Unsay proof nmo? in that province affected thereby. Only from the
Personal-signature sa ngdawat time of filing such notice for record shall a purchaser,
or encumbrancer of the property affected thereby,
Whatever motion filed in court need na dunay proof be deemed to have constructive notice of the
of service pendency of the action, and only of its pendency
Ex: motion to dismiss. Unsay proof nmo naa gitagaan against the parties designated by their real names.
nmo copy ang pikas?
The notice of lis pendens hereinabove mentioned
Last page –naay gibutang copy received with may be cancelled only upon order of the court,
signature sa adverse party after proper showing that the notice is for the
purpose of molesting the adverse party, or that it is
What if RM? Di mn ka sign ang pikas unsay proof?
not necessary to protect the rights of the party who
- Registry receipt and affidavit of the clerk caused it to be recorded. (14)
Sa trial court-di kay strict ang affidavit. - stray provision
Aside a registry receipt mgbuhat pa jud ug affidavit Lis pendens- notice of pending case, applicable ra
ang ng mail but di kay strict ang trial court ana ni cya ang case ng involve ug land
affidavit basta naay registry receipt BUT sa CA and
Ex: recovery of ownership ,recovery of possession,
SC- need ug affidavit kay if walay aff ss mg mail your
action publiciana- ipa record sa RD na naay
petition for review or certiorari shall be dismissed.
pending case. What case is that, what is the nature
What is the importance o the proof of service? What of the case.
will be the consequence if no proof of receipt?
What is the purpose?
- The motion would be considered as useless
- is to notify the whole world that this prop is
waste of paper the court will not act on it
under litigation
- motion for reconsideration will become final
- lis pendens- pending case/suit
and executory bec it is as if you haven’t file
a motion, your motion will not be acted - notice of lis pendens is a notice to the whole
upon. If there is no proof of service through world that the particular property is under
your counsel. litigation nas serves as a warning that one
who acquires interest over such property
Section 18. Court-issued orders and other
does so at his own risk and that he gambles
documents. — The court may electronically serve
on the result of the litigation over said
orders and other documents to all the parties in the
property.
case which shall have the same effect and validity
as provided herein. A paper copy of the order or - usually ani ang plaintiff pero dunay instances
other document electronically served shall be na ang mg pa notice ang defendant.
retained and attached to the record of the If you will buy a land tn awon nmo sa RD if naa nay
case. (n) case ang land kay if naa imong paliton apil ang
- pede electronic service pero applicable rni case. You are buying the property at your own risk
sa dili descision og final order, katong bec whatever happens to the case, it will be bound
interlocutory orders because judgements or by the decision. Ok ra if madaog ang seller but if
final orders are required to be served maoy mapildi delikado ang buyer.
personally or RM. But now panahon sa The rule merely requires an affirmative relief to be
pandemic pede email, naya admin circular claimed in the answer or complaint to enable the
ana. defendant or Plaintiff to apply for the annotation of
Section 19. Notice of lis pendens. — In an action the notice. There is no requirement that the
affecting the title or the right of possession of real applying party must prove his right or interest over
property, the plaintiff and the defendant, when the property sought to be annotated. Di ka
affirmative relief is claimed in his answer, may record necessary mudaog.
in the office of the registry of deeds of the province
in which the property is situated a notice of the
Ex: what if ikaw plaintiff, imo gi pa annotate kay bcin subject of the outcome of the litigation. IOW
I sell sa defendant. Sigurado bana na mudaog ka? upon the outcome of the litigation, there
What if ma pildi ka? Liable baka sa pg annotate? can be no risk of losing the property or any
part thereof as a result of the conveyance of
- NO
the land or nay encumbrance that may be
Need ban a maka prove ka nga owner ka sa land, made thereon after the filing of the notice of
present evidence na owner ka sa di pa I allow ang lis pendens. Union bank of the Phils vs CA aug
notice of lis pendens sa RD? 5 1999.
- the rule merely requires an affirmative relief So way kuyaw kay subject cya sa whatever
to be claimed in the answer or complaint to conveyances or transfers made the same would be
enable the defendant or Plaintiff to apply for subjected to the result of the case.
the annotation of the notice. There is no
Need ba ug order sa court, ang pg pa record sa
requirement that the applying party must
notice of lis pendens?
prove his right or interest over the property
sought to be annotated - No it is done ex parte. Igo rka mu request sa
RD
- no need to prove as long as you are praying
for an affirmative relief in the complaint. So the annotation could be done ex parte but the
Villanueva vs CA nov 5 1997 cancellation could only be done thru a court order
after hearing if the adverse party can prove that the
Usually, such notice is annotated at the back of the
purpose of the annotation is merely to harass or
title of the property involved to served as a
molest the adverse party or not necessary protect
constructive notice to the whole world regarding
the rights of the party who caused it to be recorded.
the pending case even if the property is
Sec 19 rule 13.
unregistered notice of lis pendens may be
annotated before the registry of deeds. Sec 113 of Wala sa codal but naa sa practice:
PD 1529
Muingon ta ug notice of lis pendens that
What is the purpose of lis pendens? presupposes that there is a pending case, unsay
buhaton nmo if wa pa k aka file ug case or
1. to protect the right of the party causing the
nakabalo naka na next week I sell na ang land so
registration.
dinalian nya ng gather paka ug documents pra sa
2. To advise 3rd person who purchased or case, ng prepare pa imong abogado. Unsay
contract of the subject property that they buhaton nmo na naay effect same sa lis pendens?
may do so at their own risk and subject to the
- execute and affidavit of adverse claim and
result of the pending litigation.
have the same claim annotated on the title
What are those cases that there are possible notice of the lot.
of lis pendens?
- same effect with the notice of lis pendends
1. Action to recover possession of the property
Prior to the filing of the case, involving title to or
2. Action to quite title possession of real property, the claimant may file a
notice of the adverse claim with the RD to protect
3. Action to remove clouds thereon
his interst over the property. It dhall be effective
4. Action for partition within the period of 30 days from the date of
recording.
5. Any other proceedings of any kind affecting
the title to the land on the use or occupation Ayaw ka mislead sa 30 days kay di ni automatic mu
thereof. Lopez vs enriquez jan 21 2005 lapse. Just like a notice of lis pendens there has to
be a court order for the cancellation of the claim.
What if gi sell sa defendant bsan dunay lis pendens?
Asa mabasa regarding sa adverse claim?
- the buyer stands exactly on the shoes of the
transferor and that he is bound by any - sec 70 PD 1529 property registration decree
judgment for and against the transferor.
It is not automatically terminated by mere lapse of
Once a notice of lis pendens has been duly
30 day period. It remains valid even after the lapse
registered or any cancellation of issuance of
of 30 day period unless the same has been
the title involved as well as any transaction
cancelled by the court after hearing upon filing of
affecting the same would have to be
the verified petition by an interested party. Ching vs necessary to prove facts alleged therein, shall be
Enrille sept 17 2008 accompanied by supporting affidavits and other
papers.
What is the purpose of the notice of adverse claim?
- To inform the whole world regarding the Summary: (so that the court may act on it and will
controversy involving the property. This annotation not be considered as a mere scrap of paper)
protect the adverse claimants rights before or 1. It must be in writing except those made in
during the pendency of the case involving the prop open court or in the course of a hearing
.it notifies 3rd persons that rights that may be
acquired with respect to the property are subject to 2. It should state the remedy or relief asked and
the result of the case involving it. Cathay metal corp the grounds upon which it is based. When a
vs laguna west multipurpose coop july 2 2014 motion is base on facts not appearing in the
record or if required by the rules, it should be
accompanied by affidavits and other
papers.
RULE 15
MOTIONS Ex: motion to set aside default order-it must be
accompanied by an affidavit of merit. The basis
Section 1. Motion defined. — A motion is an
for asking such relief.
application for relief other than by a pleading.
Ex: you are asking for a reconsideration-you
Kanang motion inabogado na term in layman’s argue why is it that the order of the court
term that is request. should be reconsidered, what makes it
What are the requisites of a motion in order for a wrong example you want the court to set
court to act on it? aside the default order, you argue why is it
that you will not be declared in default or
- Sec 2 and 3
why should be given an opportunity to file an
Under sec 2 motions must be in writing but there are answer or present evidence under the rules
motions that can be done orally. Usually, especially you are required to attached an affidavit of
litigious motions, these are done in writing. merit.
A motion made in open court (oral or in the ocurse 3. It must comply with the form of a pleading
in hearing) ahould immediately resolved in open Remember rule 7? Parts of a pleading-there
court. If it is done orally, the court should resolved it must be a caption, designation, signature of the
immediately after the adverse party is given lawyer including the address of the lawyer, roll of
opportunity to argue his opposition thereto.
atty’s no, PTR receipt, MCLE certificate No.
Section 2. Motions must be in writing. — All motions 4. Whether the motion is litiguous or non
shall be in writing except those made in open court litiguous before filing in court a copy thereof
or in the course of a hearing or trial. must be served on the asvwersed party
A motion made in open court or in the course of a either PS, RM, accredited Private Courier,
hearing or trial should immediately be resolved in electronic means if the adverse party
open court, after the adverse party is given the authorized them to or authorized by the
opportunity to argue his or her opposition thereto. court.
When a motion is based on facts not appearing on Unahon ang pikas usa ang court. Kay kung wala
record, the court may hear the matter on affidavits gani tagai ang pikas sa copy of your motion- it
or depositions presented by the respective parties, will not acted by the court, it will be considered
but the court may direct that the matter be heard as a mere scrap of paper.
wholly or partly on oral testimony or depositions. 5. There must be proof of service on the
Pede dunay hearing sa motion especially if it is adverse party.
based on facts not appearing on the record. The Unsay proof nmo if PS?
parties are required to present their witnesses
through their judicial affidavits. - signature sa adverse party-ni sign copy
receive
Section 3. Contents. — A motion shall state the relief
RM?
sought to be obtained and the grounds upon which
it is based, and if required by these Rules or
- registry receipt and the affidavit of person 2. If non-litigious- it shall be resolved within 5
mailing a copy of the motion calendar days after the filing of the motion
itself. The adverse party is not required to
A motion need not be verified unless the rules
comment because it is non- litigious. He
require it such as motion to lift a default order on the
would not be affected.
ground of fraud or motion for new trial on the ground
of fame. 3. Litigious motion- the same shall be resolved
within 15 calendar days from receipt of a
But other motions unless the rules requires it, do not
copy of the comment or opposition of the
require verification.
adverse party or within 15 days after the
Within what period the court should resolve a lapse of the period given to the adverse
motion? party to file his comment.
- if the motion is oral- the ruling of the court How many days given for comment?
should be immediately rendered after the
- 5 days from the receipt of the copy of the
adverse party is given the opportunity to
motion. Ang court di na mo order na pa
oppose or comment the motion.
commentaryohon cya.
If it is in writing and the same is not litigious motion –
There are 3 kinds of motions under rule 15:
the court has to rule it within 5 days upon filing. If non-
litigious there is no need for the adverse party to 1. Litigious or contentious motion
comment.
2. Non-litigious or non-contentious motion
What do you mean by non-litigious motion?
3. Prohibited motions
- Motion asking or a relief which if granted will
What is prohibited motions?
not affect the right of the adverse party
- It is a motion prohibited by the rules and
Ex: extension of time to file answer, if granted by the
which should not be admitted by the court.
court it will not affect the rights of the adverse party.
What is the diff between Litigious and Non-Litigious
Within how many calendar days that a non- litigious
motion?
motion should be resolved in the court?
1. NLM- may be resolved immediately by the
- 5 calendar days from filing of the motion
court without requiring the adverse party to
What about litigious motion? comment.
- is a motion asking for a remedy which would LM- cannot be resolved without giving the
prejudiced the rights of the ad verse party if adverse party to comment or oppose.
granted by the court.
2. NLM- has to be resolved within 5 calendar
Ex: MR, MD, Motion to declare the defendant in days from the filing of the motion
default
LM- has to be resolved within 15 calendar
The adverse must be notified and given a chance days from receipt of the AP comment
to comment
3. NLM- hearing is not required
Within how many days should it be resolved by the
LM- the court has the discretion to set the
court?
motion for hearing
- 15 calendar days from the receipt of the
4. NLT- the ruling of the court will not prejudice
copy of the comment or opposition of the
the right of the AP
adverse party or within 15 days after the
lapse of the period given (5 days from LM- the ruling of the court will prejudice the
receipt of a copy of a motion to file his right of the AP if the relief asked is granted.
comment)
What are the examples of non-litigious motions?
SUMMARY:
Section 4. Non-litigious motions. — Motions which
1. Orally- same should be resolved in open the court may act upon without prejudicing the
court immediately after the adverse party is rights of adverse parties are non-litigious
given the opportunity to argue orally his motions. These motions include:
opposition thereto.
a) Motion for the issuance of (b) All motions shall be served by personal
an alias summons; service, accredited private courier or
registered mail, or electronic means so as to
b) Motion for extension to file answer;
ensure their receipt by the other party.
c) Motion for postponement;
(c) The opposing party shall file his or her
d) Motion for the issuance of a writ of opposition to a litigious motion within five (5)
execution; calendar days from receipt thereof. No other
submissions shall be considered by the court
e) Motion for the issuance of an alias writ of
in the resolution of the motion.
execution;
f) Motion for the issuance of a writ of If ikaw counsel nig dawat sa motion – comment
possession; daun-ayaw pg hulat ug order sa court.
g) Motion for the issuance of an order When I resolve ang motion sa court?
directing the sheriff to execute the final - within fifteen (15) calendar days from its
certificate of sale; and receipt of the opposition thereto, or upon
h) Other similar motions. expiration of the period to file such
opposition
These motions shall not be set for hearing and shall
The motion shall be resolved by the court within
be resolved by the court within five (5) calendar
fifteen (15) calendar days from its receipt of the
days from receipt thereof.
opposition thereto, or upon expiration of the period
What are examples of litigious motion? to file such opposition. (n)
Section 5. Litigious motions. — (a) Litigious motions How many days to comment/file opposition?
include: - 5 days from receipt
1. Motion for bill of particulars; Section 6. Notice of hearing on litigious motions;
2. Motion to dismiss; discretionary. — The court may, in the exercise of its
discretion, and if deemed necessary for its
3. Motion for new trial; resolution, call a hearing on the motion. The notice
4. Motion for reconsideration; of hearing shall be addressed to all parties
concerned, and shall specify the time and date of
5. Motion for execution pending the hearing.
appeal;
LM- the court may not set the court for hearing. Ang
Katong motion for execution is considered non- hearing karun is discretionary.
litigious but motion for execution PENDING APPEAL is
not a matter of right so considered litigious. Sa OLD rules, i-deny ang motion if way notice of
hearing.
6. Motion to amend after a
responsive pleading has been filed; Ex: File kag motion to dismiss or bsan any non-litigious
motion sa last page sa bondpaper mg put ka ug
7. Motion to cancel statutory lien; notice of hearing nga imo iinform ang pikas usually
8. Motion for an order to break in or Friday na gusto nmo i-pa hear ang motion at least 3
for a writ of demolition; days from the receipt of motion.
9. Motion for intervention; Ex: file ka ug motion to declare the def in default-
need na dri sa motion, butangan nmo ug notice
10. Motion for judgment on the hearing. Atty Y counsel for the def, Please be
pleadings; informed that this motion shall be submitted to the
11. Motion for summary judgment; court on Friday oct 22, 2021 at 8:30 am for
consideration. If wala ni – the motion shall be
12. Demurrer to evidence; considered as mere scrap of paper.
13. Motion to declare defendant in BUT NOW, wala nana, copy receive nalang, ang
default; and importante gitagaan nmo ug copy ang pikas and it
14. Other similar motions.

is now the court that has the discretion to set the objections then available, and all objections
motion for hearing. not so included shall be deemed waived.
Except the grounds mentioned in sec 1 rule
It is in the court that has discretion to set the motion
9.
for hearing.
Ex: all grounds need I apil sa motion. File ka ug MR,
What about MD, is it LM, NLM or PM?
tnan grounds must be included otherwise those
Under this rule, a MD is either LM or PM depending grounds not included is considered waived.
on its own. It is LM if the ground is any of the following
Dunay ground sa motion to dismiss (if allowed) nga
in sec 1 rule 9 namely:
need mg inusara cya, what is it? Di pede kuyugan.
1. Lack of J of SM
- MD on the ground of lack of J over the
2. LP person of the defendant if allowed.
3. RJ Why?
4. Prescription - bec if other grounds if included the same will
be considered waived. Alone but not lonely
Moo nlng ni allowed na LM. Katong MD based on
haha!! Kana lng kung allowed cya but if not,
lack of J over the P of the D, moo ni lalisonon pa. A
the same must be raised as an affirmative
MD base on lack of J over the person of the
ddto sa answer. Loner cya sa MD but di cya
defendant sec 23 rule 14 may also be considered as
loner if rasied as an affirmative defense kay
LM bec it will prejudiced the P if granted by the court
ang gi prohibit sa sec 23 MD rman wala mn
be the case will be dismissed. But if basehan nato
gibutang na apil ang prohibition sa answer.
ang rule 15 sec 12, a MD based on lack of J over the
Same rule sa motion to quash sac rim
person of the def is considered a prohibited motion.
procedure.
There is a conflict between sec 23 rule 14 and sec
12 rule 15. - Mas advisable or practical if mu file ka ug
ANSWER.
Even if a motion is considered as litigious, hearing is
discretionary but it is mandatory that the adverse Section 10. Motion for leave. — A motion for leave
party h the opportunity to comment or file his to file a pleading or motion shall be accompanied
opposition. by the pleading or motion sought to be
admitted.ℒαwρhi৷
Section 7. Proof of service necessary. — No written
motion shall be acted upon by the court without Remember, motion to file 3rd party complaint, the
proof of service thereof, pursuant to Section 5(b) same requires a prior leave of court so ining file sa
hereof. motion for leave attached sa imong motion ang 3 rd
Section 8. Motion day. — Except for motions party complaint.
requiring immediate action, where the court Another example na ng need ug leave, motion to
decides to conduct hearing on a litigious motion, amend a pleading example a complaint when a
the same shall be set on a Friday. responsive pleading has been filed. Nig file sa
FRIDAY except motions which requires immediate motion, the 3rd party complaint must be attached.
action Section 11. Form. — The Rules applicable to
Ex: LM and the courts should decide that it should be pleadings shall apply to written motions so far as
heard, then it will be set on Friday. concerns caption, designation, signature, and other
matters of form.
Section 9. Omnibus motion. — Subject to the
provisions of Section 1 of Rule 9, a motion attacking Section 12. Prohibited motions. — The following
a pleading, order, judgment, or proceeding shall motions shall not be allowed:
include all objections then available, and all (a) Motion to dismiss except on the following
objections not so included shall be deemed waived. grounds:
Many times asked in the BAR.
1) That the court has no jurisdiction
What is omnibus motion? over the subject matter of the claim;
- A motion attacking a pleading, order,
judgment, or proceeding shall include all
2) That there is another action (f) Motion for postponement intended for
pending between the same parties delay, except if it is based on acts of
for the same cause; and God, force majeure or physical inability of
the witness to appear and testify. If the
- litis pendentia motion is granted based on such exceptions,
3) That the cause of action is barred the moving party shall be warned that the
by a prior judgment or by the statute presentation of its evidence must still be
of limitations; terminated on the dates previously agreed
upon.
- (res judicata and prescription) mabasa sa sec 1
rule 9 pod. Moo ni ma subject sa motion to dismiss A motion for postponement, whether written or oral,
but actually naa pa kanang motion to dismiss on the shall, at all times, be accompanied by the original
ground of defective certification of forum shopping. official receipt from the office of the clerk of court
evidencing payment of the postponement fee
- another is motion to dismiss on the ground of non- under Section 21(b), Rule 141, to be submitted either
compliance of katarungang pambarangay if
at the time of the filing of said motion or not later
summary procedure ang kaso. But if not cannot be
than the next hearing date. The clerk of court shall
a ground for motion to dismiss kay ang compliance not accept the motion unless accompanied by the
with the KP is considered a condition precedent, di original receipt.
pede ang condition precedent ana mn. The same
with exhaustion of admin remedies , di pede ma Section 13. Dismissal with prejudice. — Subject to the
ground as MD. right of appeal, an order granting a motion to
dismiss or an affirmative defense that the cause of
(b) Motion to hear affirmative defenses; action is barred by a prior judgment or by the statute
(c) Motion for reconsideration of the court's of limitations; that the claim or demand set forth in
action on the affirmative defenses; the plaintiffs pleading has been paid, waived,
abandoned or otherwise extinguished; or that the
Mu rule na gni ang ocurt sa affirmative defenses, MR claim on which the action is founded is
is not allowed either denying or granting the unenforceable under the provisions of the statute of
affirmative defense. Di pede ang MR. frauds, shall bar the refiling of the same action or
Unsa mn diay ang remedy if affirmative defense – claim.
improper venue? What is the remedy if the MD or affirmative defense
- refile is granted?
What if affirmative defense- prescription remedy is? - if granted, sa ato pa I dismiss ang case
- appeal so what is the remedy of the P?
What if lack of J over the SM, dri nmo gi file sa RTC - depende sa ground sap g dismiss
instead of MTC? - appeal if the ground for the dismissal is bared
- remedy is refile by prior judgment, prescription, payment,
waived, abandoned or extinguished or the
(d) Motion to suspend proceedings without claim on which the action is founded is
a temporary restraining order or injunction unenforceable.
issued by a higher court;
TN: memorize the enumerated grounds in sec 13
(e) Motion for extension of time to file namely:
pleadings, affidavits or any other papers,
except a motion for extension to file an 1. barred by a prior judgment or
answer as provided by Section 11, Rule 11; 2. by the statute of limitations;
and
3. that the claim or demand set forth in the
Motion for extension to file answer- moo nalang jud plaintiffs pleading has been paid, waived,
ni ang allowed but under rule 11, dili pede mu file ug abandoned or otherwise extinguished;
extension ex. File reply or file rejoinder but ang court
4. or that the claim on which the action is
pede mu allow ug late submission.
founded is unenforceable

However if the case is dismissed on OTHER certiorari, prohibition and mandamus but may be
GROUNDS, such as: among the matters which may be raised on appeal
after judgment of the merits sec 12 rule 8.
1. improper venue
MR for the courts action on affirmative defense is
2. lack of J over the SM
prohibited.
3. Lack of J over the person of the defendant
4. Litis pedentia- pede refile kay wa mn
nabutang sa enumeration sa sec 13 na bar RULE 16
ang refiling MOTION TO DISMISS
5. The complaint state no cause of action [Provisions either deleted or transposed]
6. Non-compliance with the condition RULE 17

precedent DISMISSAL OF ACTIONS
REMEDY OF THE PLAINTIFF: refile the case Section 1. Dismissal upon notice by plaintiff. — A
complaint may be dismissed by the plaintiff by filing
What about the defendant? What is his remedy if the a notice of dismissal at any time before service of
MD or aff defense is denied? the answer or of a motion for summary judgment.
- MR is NOT allowed. Upon such notice being filed, the court shall issue an
order confirming the dismissal. Unless otherwise
- his remedy is go to trial, he must file his stated in the notice, the dismissal is without
answer, go to trial and if the decision of the prejudice, except that a notice operates as an
court is ad verse then file an APPEAL and adjudication upon the merits when filed by a plaintiff
during appeal assigned one of the errors the who has once dismissed in a competent court an
denial of his motion to dismiss or denial of his action based on or including the same claim.
affirmative defense. Boston equity resources
inc vs CA june 19 2013 regarding the remedy Dismissal of an action usually is upon the motion of
of the defendant if his MD/aff def is denied. the defendant but are there instance where the
plaintiff itself may asked for the dismissal of his own
- file cya ug aswer nya katong iyang ground case?
sa MD i- restate tu nya sa iyang answer
assuming ni na ni file cya ug MD daun gi - YES sec 1 rule 17 the plaintiff may asked for
deny. The remedy is to file an answer and in the dismissal at any time before service of
his answer, he has to reiterate his ground ex: the answer or of a motion for summary
prescription iya ning I-restate. judgment.
TN: the ruling of the court on the MD or aff def is Ang iyang I file if wa pay answer or motion for
interlocutory (temporary) summary judgement is a mere notice. Dili motion but
notice. Di cya muhangyo but igo ra cya mg
Ex: the defendant raised the defense of prescription pahibalo na I dismiss ang kaso and the court cannot
sa iyang MD so file cya ug answer, iya I reiterate ang deny it. The court has to affirm or confirm the
ground sa prescription or if naka file na cya ug dismissal.
answer, go to trial.
When can it be done by mere notice only?
The order of the court denying the motion to dismiss
or the affirmative defense is merely - before the filing of the answer by the
temporary/interlocutory. The court can still change defendant or motion for summary
it after trial. judgment.
Ex: prescription unya human sa presentation of Wa pa gani ANSWER- it is a MATTER OF RIGHT on the
evidence the court is convince that the action has part of the plaintiff to dismiss the case by filing a
prescribed. Pede paba mausab ang order denying mere notice regardless of his ground. Dael vs beltran
the MD or aff def of prescription? april 30 2008
- yes bec that order is merely interlocutory Ex: P filed a collection case against D upon receipt
dela sala vs sarmati nov 29 1960 of the summons, Mr D approached the plaintiff and
promise to pay the entire amount of his loan. In order
An order denying affirmative defenses shall not be that he would not spend for a lawyer, D asked P to
subject of a motion for reconsideration or petition for

dismiss the case. Unsay buhaton ni P if musugot cya the 1st dismissal has no jurisdiction over the
sa hangyo ni D? action. So it must be that the 2 dismissal must
be issued by a court of competent
- P may just file a mere notice of dismissal not
jurisdiction. TN
a motion to dismiss but a mere notice only.
The dismissal however is without prejudice of BAR Q: What is the purpose of 2-dismissal rule?
its refiling meaning P can still refile the case.
- is to avoid vexatious litigation. When the
- if D would not fulfill his promise, P may still complaint is dismissed on the 2nd time, the
refile the case. Bayad again ug filing fee but plaintiff now is barred form seeking relief on
pede ka refile. the same claim. ching vs cheng oct 8 2014
TN: 2 dismissal rule Section 2. Dismissal upon motion of plaintiff. —
BAR Q: What do you mean by 2 dismissal rule? Except as provided in the preceding section, a
memorize complaint shall not be dismissed at the plaintiffs
instance save upon approval of the court and upon
- a notice of dismissal operates an such terms and conditions as the court deems
adjudication upon the merits or dismissal with proper. If a counterclaim has been pleaded by a
prejudice when the plaintiff has previously defendant prior to the service upon him or her of the
filed in a court of competent jurisdiction is plaintiff's motion for dismissal, the dismissal shall be
similar notice of dismissal of an action based limited to the complaint. The dismissal shall be
on the same cause of action or any action without prejudice to the right of the defendant to
included in the claim. prosecute his or her counterclaim in a separate
Ex: mihangyo c D na mubayad cya nya I pa dismiss action unless within fifteen (15) calendar days from
ang case, misugot si P nya nibuhat cya ug mere notice of the motion he or she manifests his or
notice. What if c D wa mituman sa iyang saad. Pede her preference to have his or her counterclaim
ba ma refile ni P ang kaso? resolved in the same action. Unless otherwise
specified in the order, a dismissal under this
- Yes so gi refile but ng luhod2x ng pakilooy c paragraph shall be without prejudice. A class suit
D ni P. nalooy c P so gi dismiss ang case by shall not be dismissed or compromised without the
mere notice but again wa mituman c D approval of the court.
niana c D “ may mn ug boang kay
tumanon” hahaha . nya ikaduha naman ni. Sec 1 is about a situation wherein the defendant has
The 2nd dismissal would be considered as not filed a responsive pleading or answer but the
dismissal on the merits. defendant has already filed an answer or responsive
pleading, may the plaintiff still asked for the
What does it mean? dismissal of the case?
- P cannot refile it for the 3rd time. No more 3rd - YES he can but this time it should be through
time a motion to dismiss and this requires now
What if, file cya ug kaso na collection of sum of approval of the court.
money worth 3M gi file sa MTC. Sus pghuman after 1 - if the defendant has already field an answer,
week nakarealize ang counsel na way jurisdiction the plaintiff may still dismiss the case by filing
ang MTC kay RTC mn so ang iya gibuhat arun di kay a MD but this time the dismissal is upon the
uwaw ni file cya ug mere notice of dismissal and it discretion or upon approval of the court.
was granted by the court. He refiled the case and
without any reason, the plaintiff asked his counsel to Considering that there is already an answer filed
withdraw the case or to file a notice of dismissal so and possible there is already counterclaim either
the counsel do so, thereafter the plaintiff instructed permissive or compulsory, now the dismissal is only
his lawyer to refile the case- this is now the 3rd time. limited to the complaint, the counterclaim of the
The defendant filed a motion to dismiss on the defendant may proceed.
ground of res judicata arguing that the filing of the If ikaw atty sa plaintiff ayaw sugot na I dismiss ang
case for the 3rd time violates the 2 dismissal rule. Is complaint ng di pod I dismiss ang counterclaim. So
the motion meritorious? sabota ang defendant na if willing mg compromise,
- No bec it should be that the 2 dismissal must if I dismiss nmo ang kaso I dismiss sd nila ang
be rendered by the COURT OF COMPETENT counterclaim (compulsory or permissive).
JURISDICTION. You notice that the court in

The dismissal shall be limited only to the complaint. chief means main evidence. If di mutunga
The dismissal shall without prejudice to the right of then dismissed.
the defendant to prosecute his counterclaim in a
Or what if wa cya mi appear sa pag present sa
separate action or he can asked that his
evidence sa defendant? Humana cya ug present
counterclaim be prosecuted in the same action but
ug evidence nya it is defendants turn to present the
he has to notify the case within 15 calendar days
evidence. I dismiss ang case?
that he prefers to prosecute his case in the same
action. If there is no manifestation coming from the - NO bec ang mu warrant sa dismissal kadtong 1st
defendant that he prefer to prosecute his instance. Date of presentation of evidence.
counterclaim in the same action then the
Ex: the plaintiff has to 2 witnesses to present.
presumption is that he is going to prosecute his case
Nakapresent na cya sa 1st witness but sa ika 2 ng
in a separate action (sec 2 rule 17)
cge na cya ug pa postpone. Pede ba i-dismiss? Iya
Should the defendant opt for the first alternative paman turn.
(separate) the court shall render the corresponding
- dismissal of the case would no longer be proper
order granting and reserving his right to prosecute
since naka present namn cya ug evidence.
his claim in a separate complaint. Should he chose
to dispose his counterclaim in the same action What should the court do?
wherein the complaint had been dismissed, he must
- the court should declare his presentation of
manifest such preference form the court within
evidence as terminated so kanang dismissal due to
15vdays from notice of plaintiffs motion to dismiss.
the plaintiff’s failure to appear, applicable rna if ang
These alternative remedies of the defendant are
plaintiff wa pa ka present bsan is aka evidence. But
available to him regardless of his counterclaim is
if naka present na ipa terminate.
compulsory or permissive. chuan vs uy march 11
2015 ----- BROWNOUT SA ILA KA JUDGE -----
Dismissal of an action is different from a mere Section 4. Dismissal of counterclaim, cross-claim, or
dismissal of the complaint for this reason since only third-party complaint. — The provisions of this Rule
the complaint and not the action is dismissed, the shall apply to the dismissal of any counterclaim,
defendant in spite of said dismissal may still cross-claim, or third-party complaint. A voluntary
prosecute his action in the same action. chuan vs uy dismissal by the claimant by notice as in section 1 of
march 11 2015 this Rule, shall be made before a responsive
pleading or a motion for summary judgment is
Section 3. Dismissal due to fault of plaintiff. — If, for
served or, if there is none, before the introduction of
no justifiable cause, the plaintiff fails to appear on
evidence at the trial or hearing.
the date of the presentation of his or her evidence
in chief on the complaint, or to prosecute his or
her action for an unreasonable length of time, or to
comply with these Rules or any order of the court,
the complaint may be dismissed upon motion of the
defendant or upon the court's own motion, without
prejudice to the right of the defendant to prosecute
his or her counterclaim in the same or in a separate
action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise
declared by the court.
The following are the grounds of dismissal due to the
fault of the plaintiff:
1. The plaintiff fails to appear on the date of the
presentation of his or her evidence in chief
on the complaint.
- di mutunga sa petsa na gi schedule sap g
rpesent sa pin aka kusgan na evidence. First
time I present ang evidence. Evidence in

October 22, 2021 in chief on the complaint, or to prosecute his or

her action for an unreasonable length of time, or to
Choy, Sherre, Blanche
comply with these Rules or any order of the court,
RULE 17 the complaint may be dismissed upon motion of the
DISMISSAL OF ACTIONS defendant or upon the court's own motion, without
Section 1. Dismissal upon notice by plaintiff. — A his or her counterclaim in the same or in a separate
complaint may be dismissed by the plaintiff by filing action. This dismissal shall have the effect of an
a notice of dismissal at any time before service of adjudication upon the merits, unless otherwise
the answer or of a motion for summary judgment.
declared by the court.
Upon such notice being filed, the court shall issue an
order confirming the dismissal. Unless otherwise What are those grounds?
stated in the notice, the dismissal is without
1. Failure to appear on the date of the
prejudice, except that a notice operates as an
presentation of his or her evidence in chief.
adjudication upon the merits when filed b
Evidence in chief?
Rule 17 continuation
- Presentation of the main evidence, higayon na
mu present cya sa iyang evidence for the first
This is about dismissal of the case or of the complaint time.
either upon mere notice of plaintiff or upon motion. 2. Failure to prosecute his or her action for an
Mere notice- plaintiff may dismiss upon mere notice unreasonable length of time.
if the defendant has not yet filed his answer. But 3. failure to to comply with the Rules of court
once the defendant has filed his answer, the
complaint may be dismissed upon motion of the 4. failure to comply with any order of the court.
plaintiff not anymore upon notice. Martinez vs gwen april 5 2017
Or the action or case may be dismissed due to the
fault of the plaintiff. Either by mere notice (sec 1), Failure to appear on the date of the presentation of
upon motion (sec 2), or due to the fault of the his or her evidence in chief
plaintiff (sec 3)
Section 2. Dismissal upon motion of plaintiff. —
Except as provided in the preceding section, a Supposed the plaintiff fails to appear during the
complaint shall not be dismissed at the plaintiffs presentation of the evidence for the defendant,
instance save upon approval of the court and upon Should the case be dismissed?
such terms and conditions as the court deems - NO bec that is not a ground for dismissal
proper. If a counterclaim has been pleaded by a what sec 3 tells us that a case may be
defendant prior to the service upon him or her of the dismissed for failure to appear of the plaintiff
plaintiff's motion for dismissal, the dismissal shall be seeing the presentation of his evidence in
limited to the complaint. The dismissal shall be chief. IOW the presence of the Plaintiff is
without prejudice to the right of the defendant to mandatory during the initial presentation of
prosecute his or her counterclaim in a separate his evidence in chief only.
action unless within fifteen (15) calendar days from
notice of the motion he or she manifests his or Kana initial presentation. Permiro jod. Pananglitan
her preference to have his or her counterclaim kung ang plaintiff duna sya 3 ka witnesses e present.
resolved in the same action. Unless otherwise Si A, B, C. unya ang naka present na sha ni A. but
specified in the order, a dismissal under this during presentation na sched for 2nd witness B,
paragraph shall be without prejudice. A class suit plaintiff keeps asking for resetting. Pa postpone w/o
shall not be dismissed or compromised without the justifiable reason. Should the court dismiss the case
approval of the court. on the ground of failure of plaintiff to appear during
evidence on chief?
Sec 3 enumerates instances where complaint may
be dismissed due to fault of the plaintiff. - No. because he has already presented one
witness. Kanang ground nga e dismiss siya
Section 3. Dismissal due to fault of plaintiff. — If, for kay wala motunga plaintiff. Kana wa jod ka
no justifiable cause, the plaintiff fails to appear on present bisag usa nga witness. If naan a
the date of the presentation of his or her evidence
witness na e-present, it would be unjust or AFP retirement and benefit system vs

improper for the court to dismiss the case. republic march 20 2013
Unsay proper buhaton ana sa court kay cge mn ug 2nd ground Failure to prosecute his or her action for
pa reset? an unreasonable length of time.
- if the court finds the motion for Actually kanang mu absent ang plaintiff during the
postponement to be unjustifiable or without intiital presentation of his evidence in chief pede
valid grounds the court can order the pod ang dismissal ana kaning 2ng ground. So if
testimonial evi of the witness considered absent ang plaintiff naay duh aka grounds: 1. Failure
terminated. So that the plaintiff will be to appear during the presentation of his evidence in
considered to have terminated his chief and 2. Failure to prosecute.
presentation of evidence after his
presentation of his object and documentary
evidence. If naay object or documentary What is failure to prosecute?
evidence during the presentation of evi
Pananglitan ang kaso wa ma set ug pre-trial
pede tu nya I formal offer.
conference. Nakalimtan pud sa court. Or wa ma
If the plaintiff fails to appear durng the presentation serve ang summons. Naa man instances ana kay
of his rebuttal, kana mn gud pg present ug evi first kadaghan sa kaso. Ang summons wa ma serve sa
ang P sunod ang D then mu rebutt ang P. should the sheriff. If ikaw atty sa plaintiff or plaintiff mismo, what
court dismiss the case bec the P failed to appear to do? abot na tunga sa tuig or 1 yr unsa buhaton
during rebuttal? nmo?
- No bec the presence of the P is only - Moadto kas court ask status sa kaso ge file.
mandatory during the presentation of his
What if di ka mo follow up? Or What if na serve ang
evidence in chief
summons nya wa mi file ang defendant unsay duty
So unsa buhaton sa ocrut ana na gi set ug sa plaintiff? Since ang court di ka moto proprio
presentation sa rebuttal pero wa mi appear? order the default kay need ug motion by the Plaintiff
to declare in default. So unsay buhaton sa court
- Court considers his presentation of rebuttal
ana?
evidence as waived.
- the court has to dismiss the case on the
Remember it is the absence of the plaintiff himself
ground of failure to prosecute for
and not absence of the lawyer which may warrant
unreasonable length of time.
dismissal of the case on the ground of failure to
prosecute. Remember the ground! The dismissal of the case to prosecute for
unreasonable length of time was held proper where
So if the plaintiff is present and his lawyer is absent,
the trial or pre trial of the case was reset many times
the court cannot dismiss the case.
due to unreasonable absence of the plaintiff. Sarati
Unsay buhaton? vs maybank phil inc june 8 2005
- The court may discipline the lawyer or give
warning. To avoid further postponement
Or the Plaintiff fails to promptly move to set the case
marahay vs miliquor feb 6 1990
for pre trial. BPI vs Hinueno july 22 2015
A case also cannot be dismiss for failure to
Failure to file a motion to declare the defendant in
prosecute on the ground for the plaintiff witness was
default. The laws aid the vigilant but those who
not authorized to the Plaintiffs BOD to testify. Dihay
slumber on their rights will not be aided. Nan Chin
kaso na ang lawyer sa Plaintiff present but ang
Teng vs Phil Business bank inc july 9 2018
problem ang representative sa Plaintiff
(corporation) was not authorized by the BOD to What constitutes unreasonable length of time?
testify. Pede ba mahimong ground?
SC: the term unreasonable length of time depends
- no bec it is the absence of the duly circumstances of its particular case and sound
authorized rep (if the plaintiff is a discretion of the court in the determination of said
corporation) that would warrant the question will not be disturbed in the absence of
dismissal of the case and not the lack of abuse.
authority of the Plaintiff’s witness to testify.

There were cases that the court sustained the A: yes on the ground of failure of plaintiff to failure to
dismissal of case for failure to prosecute on part of comply with order of the court.
plaintiff of 4 years, 3 years, or over a year, less than
a year,
Remember pwede ni motu pro prio. Even w/o any
There were even a case where the court sustained
motion from the adverse party Rabino v. Aquino Oct
the dismissal for failure to prosecute for less than 3 or
28 1977, Bicoy v People July 3 2002
2 months – because plaintiff fails to comply with
order of court for him to file bill of particulars.
Montejo vs urucha july 22 1971
One case, ang mga parties told the court during
To constitute failure to prosecute or non-prosequitor. pretrial that they have come up with a compromise
The plaintiff’s non-appearance be equated will agreement. So the court gave them time to submit
unwillingness to proceed with trial. Such as both their written compromise agreement within 15 days
plaintiff and counsel were absent or with but despite the lapse of 15 days there was no
assumption, that plaintiff has already lost interest in compromise agreement so what the court did is to
the prosecution of his case. In the same way that dismiss the case. Sakto baa ng gibuhat sa court?
should the ground for dismiss is delayed. This delay
- No bec submission of the compromise
or failure to proceed for unreasonable length of time
agreement is not compulsory. It cannot be a
beyond reasonable allowance which by judicial
ground for the dismissal of the case.
leniency a litigant is normally entitled.
- Non-submission of a compromise agreement
One case, where during pre-trial the P is given 3 days
is not a ground for dismissal since the parties
within which to present here evidence.
cannot be compelled to enter into a
SC: it was an error on the part of the trial court to compromise agreement. Rizal commercial
dismiss the case where the plaintiff failed to present banking corp vs magwen marketing corp
evidence on the 2nd day considering that she has still may 5 2003
a last day to finish his presentation of his evidence.
Laurel vs parbilyosa aug 5 2015
Unsay buhaton sa court?
Moo na I TN, if nakasugod na ug present ug present
ang plaintiff it would be improper to dismiss the case - in view of the non-submission of the
OR if wa pa nakasugod but gitagaan ug 3 days to compromise agreement, then the court has
present evidence. 1st cancelled so duha nlang and to continue with the proceedings.
sa 2nd wa ghapon ang witness naa pa cyay ika 3 rd
chance to present evidence.
Just like in sec 2 of this rule wherein defendant has
already filed his answer and perhaps with
Failure to comply with any order of the court counterclaim under this sec 3, the dismissal of
complaint due to the fault of plaintiff is w/o
To be a sufficient ground for dismissal, delay must not
be only lengthy but also unreasonable and dilatory
his counterclaim either in a same or separate action.
Calalang v CA Jan 22 1993
Naa naman Counterclaim nakafile na ang
defendant ug answer nya naa say counterclaim
together with his answer. The dismissal of complaint
Another ground due to fault of plaintiff: failure to
is w/o prejudice to the right of the defendant to
comply with any order of the court.
prosecute his counterclaim. Padilla v. Globe Asiatic
Realty Holdings Corp Aug 6 2014.
Example: the plaintiff was directed by court to make
more particulars. Suppose defendant filed a motion
Remember that dismissal under this section. What
for bill of particulars, court granted motion and
are the grounds?
required plaintiff to specify certain allegations to
make more specific 10 days to submit or comply 2. Failure to appear on the date of the
with the order but the plaintiff failed to comply with presentation of his or her evidence in chief.
said order of the court. May court dismiss the case?
2. Failure to prosecute his or her action for an
unreasonable length of time.

3. failure to to comply with the Rules of court Exc: when order of dismissal expressly contains a
qualification that dismissal is without prejudice.
4. failure to comply with any order of the court.
ONE CASE, nigawas nanis bar 2014 decision of the

TN: If the case is dismissed based on any of those
SC:
grounds, the dismissal is considered as dismissal on
the merits. Manag suon nanag away sa property sa ginikanan
na namatay, ABCD are the siblings. When there
parents died, C and D filed a case for partition kay
Unsa ng merits? ang nahitabo c A and B ra ang ngpuyo sa yuta.
Ingun si C ug D bahinon tana na yuta kay kamo rmn
- It is as if that the case was dismissed after
ng pahimulos ana. However, the case was dismiss
presentation of parties’ evidence. It is as if
for failure to prosecute and order became final and
that the case was dismissed after the parties
executory. Gibutang sa order wala gibutang na the
had been given an opportunity to present
dismissal is without prejudice so the dismissal is with
evidence.
prejudice. Later, A and B filed quieting of title and
damages against C and D kay giangkon gihapon ni
C and D in fact naa clay portion gi sell sa lain tao. Si
What is the effect?
C and D mi file ug answer with counterclaim of
- Res judicata. Plaintiff cannot refile the case partition. They claimed that the lot is commonly
anymore. Dismissal on the merits or with owned by them. A and B nganu gud mu raise mn
prejudice unless the court specifically stated mu ug counterclaim na partition na with prejudice
in the order that it is without prejudice. mn tung dismissal sa first case. After trial, the court
dismiss the case for quieting of title but order the lot
Ex: wala mutunga ang plaintiff during the
for partition. So mi appeal ang plaintiffs, they argued
presentation of evidence. Court: for failure of the
that the counterclaim for partition was already
plaintiff to appear in today’s presentation of
barred by prior judgement.
evidence, the case is hereby dismissed.
Are the plaitiff’s correct? Or is the action of partition
is already barred by prior judgment because of
What is the nature of dismissal? Is it with prejudice or failure to prosecute during first case?
without prejudiced?
SC: Quintos vs Nicolas June 16 2014 TN!! Mugawas
- the presumption is absent of the word nis midterms sure ko haha
“without prejudice” the presumption is the
NO, IOW th counterclaim for partition is not barred
dismissal is with prejudiced and therefor res
by prior judgment despite the fact that the previous
judicata will set it if the plaintiff will file
action was dismissed even if it is not stated that the
another case involving the same cause of
dismissal is without prejudice.
action. Gomez v alcantara feb 13 2009
SC: between dismissal with prejudice under rule 17
Naa na sa section 3 rule 7:
sec 3 and the right granted to co-owners under 494
The dismissal has the effect of adjudication upon the of the civil code “The co-owner can demand
merits unless otherwise declared by court. Once the anytime the partition of the thing owned in
case is dismissed for failure of prosecute, this has the common”, it is the provisions of the civil code would
effect on adjudication on the merits and it is prevail. To construe otherwise would diminish the
understood to be with prejudice to the filing another substantive right of a co-owner thru the
action unless otherwise provided in the order of promulgation of the procedural rules. The dismissal
dismissal. with prejudice under rule 17 sec 3 of the SC cannot
defeat the right of the co-owner to ask for a partition
Stated differently:
anytime provided that there is no actual
adjudication of ownership of shares yet. For the ruels
GR: failure to prosecute is to be regarded as of court to be consistent with the statutoey prov, art
adjudication of merits and with prejudice to filing 494 of the CC is considered an exception of rule 17
another action sec 3 to the effect that even if the order of the
dismissal for failure to prosecute is silent or whether

or not it is with prejudice, it is always considered as What is the responsive pleading?

without prejudice. READ THE CASE!
- Answer
- MTD is not a responsive pleading
TIMAN-E rule 17, sec 3 and sec 1 kadaghan gawas
If the defendant has attached to his answer an
bar
actionable document, the plaintiff is allowed to file
a reply. So if the P files a reply then the reply may be
considered as the last responsive pleading.
Section 4. Dismissal of counterclaim, cross-claim, or
third-party complaint. — The provisions of this Rule But if wala ni file ug reply kay way actionable
shall apply to the dismissal of any counterclaim, document, then the answer would be the last
cross-claim, or third-party complaint. A voluntary responsive pleading. Or even if there is AD attached
dismissal by the claimant by notice as in section 1 of but the failure to file has been lapsed then the
this Rule, shall be made before a responsive Answer would still be considered as the last
pleading or a motion for summary judgment is responsive pleading.
served or, if there is none, before the introduction of Assuming that the P has filed a reply, when gani tu
evidence at the trial or hearing. na pede mu file ug reply ang P? if the defendant has
Sec 4 – the rules under sec 1 of rule 17 will also apply attached an AD to his answer and the P has filed a
to counterclaim, cross claim or 3rd party complaint. reply then the reply is considered as the last
Kani cla is mga separate claim jud, although responsive pleading.
counterclaim and cross claim e incorporate sa (Advertisement: Judge: Pangtuk-on tamo dri sa
answer pero these claims are really separate. laptop if di mu kasabot ana kapila na gibalik
balik…hahahaha)
What is a counterclaim? Suppose plaintiff in turn attaches to his reply,

assuming there is an actionable document
- refers to a claim where the defending party attached to the reply.
may have against the opposing party.
Unsay mahitabo ana? Unsay effect?
- It is in a nature of a cross complaint which is
an independent cause of action although - If there is an AD attached to the reply then
alleged in the answer but is not part of the the defendant is also allowed to file a
answer. Even if the complaint would be rejoinder. So if that would happen that the
dismissed the defendants counterclaim may defendant files a rejoinder then the rejoinder
continue. Padilla vs Globe Asiatic Holdings would be the last responsive pleading.
Inc.
Unsa buhaton sa clerk after the filing of the last

responsive pleading?
RULE 18 - Within 5 days has to send notice to the

PRE-TRIAL counsel and set case for pretrial within 60
days from the filing of the last responsive
When should the pre- trial of a case be conducted? pleading.
Section 1. When conducted. — After the
last responsive pleading has been served and
filed, the branch clerk of court shall issue, within five Before aning amendment, ang counsel mao mo file
(5) calendar days from filing, a notice of pre-trial motion to set case for pre-trial. Naay issuance sa SC
which shall be set not later than sixty (60) calendar nga ge incorporate sa admin matter 03-1-09-SC.
days from the filing of the last responsive pleading. Issuance sa SC na ga sugo sa clerk nga sya mo set
even without a motion from the plaintff’s counsel.
Within 60 days from filing responsive pleading. Ang provision sa admin matter, gi incorporate na
run sa latest amendments.
Unsa nang last responsive pleading?
Knsay na ang mu set sa date sa pre-trial karun?
Unsang pleading na e file?
- clerk of court even without any motion from
- Complaint
the plaintiff.
But di mg compliance since according to the SC in Suppose the court terminated pre-trial and go
2 cases: directly to trial. What if way pre-trial kay ang parties
miignun “ your honor we move for the termination of
Gi issue nanang admin matter na gisugo ang CoC
the pre-tria” so gi terminate sa court.
na mooy mu set, na issue nana. Ang mga atty sa
plaintiff hayahay na kay di na mo file motion. But - MANDATORY JOD PRE TRIAL. Di pwede nga
ayaw ug compliance kay naay 2 ka kaso ge dismiss e dispense. Pero if what if ang mga parties
na wa ge set sa clerk of court. Unya ang atty wa pud mao mismo ng move or nag terminate?
mo call sa attention sa clerk. Ge dismiss sa court.
- They cannot say that they are estopped
nireklamo and file certiorari sa SC kay grave abuse
from questioning the proceedings. Ang
of discretion. Ingon plaintiff inyo na duty to set nya
problema ana naa mo appeal. Makit-an sa
karon e dismiss.
higher court. ang kasab-an ana kay ang
SC: while under the rules the clerk has the duty to set judge ngano ge terminate nga daghan
case for pretrial the same does not relieve plaintiff to take-uponon ig pre trial.
prosecute the case diligently. The expeditious
disposition of cases is much as duty of plaintiff as the
court. Majestic finance inc. v. Tito October 22, 2014 (a) The possibility of an amicable settlement
Another case: According to the SC, Admin matter or of a submission to alternative modes of
03-01-09-SC does not remove plaintiff’s duty to set dispute resolution;
case for pretrial after last pleading has been served TN:
and filed. It does not impose a sole burden on the
trial court to set the case for pre-trial BPI v. Jinhueno  Possibility of amicable settlement – most
July 22, 2015 important matter to be taken up during the
pre-trial. The possibility og amicable
settlement between parties with assistance
One case, SC said: a span of more than a year of of the court.
inactivity on Plaintiff’s part shows its lack of interest in
prosecuting the case. While under the rules, the
COC has the duty to include a case in the trial Why is it that AS or compromise agreement is
calendar after the issues are joined and to fix the important?
date for trial as well as the duty to notify the party for - This will dispose of the case at a short period
the same. The plaintiff may not rely upon such duty of time kung e-encourage sa court ang
of the clerk nor it is relieved upon its own duty to parties nga mag settle.
prosecute the case diligently calling if necessary the
attention of the court to the need of putting the - That is the most important matter to be taken
case back to its calendar if the court because of its during pre-trial.
numerous cases has neglected to attend thereto. Suppose the parties are so stubborn, usahay ang
Insurance Co. of North America vs Republic Nov 15, atty babag sa compromise agreement. Usahay ang
1967 parties mag agree na pra makasave sa gasto pero
I whisper sa atty na ayaw kay alkanse ta.
In cases governed by the rules on small claims,
lawyers are not allowed in order to facilitate parties
to enter into compromise agreement.
Within 60 days from the filing of the last pleading.
With 60 days including the 5 days in preparing the
notice of trial. Within 5 days prepare na sha ug Supposed the party failed to come up with the
notice iya na set, nya padad an daun ug notice compromise agreement, should the court terminate
then pre-trial be set within 60 days. the proceedings?
- No, the court should proceed to the other
matters
Section 2. Nature and Purpose. — The pre-trial is
What are the other matters that should be taken up
mandatory and should be terminated promptly. The
during pre-trial?
court shall consider:

- Stipulation of facts or admission of the Pero kung ge admit niya nga naka loan and wa
genuiness and due execution of the kabayad nya nakadwat demand letter and
documents defendant has also admitted that even if he has
received demand letter, he still failed to pay the
loan. Daog najod ka. No more issue.
(b) The simplification of the issues; If interest lang ge lalisan, the case is now could be
(c) The possibility of obtaining stipulations or subjected to summary judgment. No more hearing.
admissions of facts arid of documents to All the court has to do is determine whether the
avoid unnecessary proof; interest is excessive.
What is stipulation? Pananglitan hasta interest ge admit, so no issue na.

Then the case now may be decided by the court
- Admission based on those admissions. Pede na decidan so wa
Ex: in the answer, collection of sum of money. In his nay hearing.
answer, the defendant denied having obtained any Kana mga admissions during pre trial maka pa
loan from plaintiff. During pre-trial, bsan iya gi deny, shorten sa proceedings. Maka pa dali sa kaso.
pwede na imo e repeat/ propose na mu admit sya
nga nakautang diha sa plaintiff. Unsaon gani pg make ug proposal to stipulate?
Unsaon pagbuhat ana or proposal for stipulation? o Start with WOULD the
plaintiff/defendant admit (if unsay
- During pre trial, you may say would the ipa admit nmo).
plaintiff admit that sometime on Jan 15, 2019
the defendant obtained a loan in the Ex: would the defendant admit that he has
amount of 1M. obtained a loan?
- So kung I admit na nya, or if muingon ang Would the defendant admit that he has
defendant “ I will admit that I obtained 1M received a demand letter?
but it wasn’t a loan, it was a donation to the Would the defendant admit that this case
political campaign of the defendant. has pass thru the KP?
- Nanay, admission na naka obtain cya ug 1M Ang imong ipa admit katong wa pa nya ma admit
gali lang it was alleged that it is a donation sa answer. If ikaw defendant, imo ipa admit katong
- Labina jud if ni admit cyan a nakautang cya, mga defenses or counterclaim.
ex: ok admitted that he obtained a loan of Ex: Payment
1M but it was already fully paid.
Would plaintiff admit that on January he has
- So if ni admit cyan a nakautang cya, no received this amount as partial payment?
need to present the promissory note
because he admitted that he obtained a
loan already Admission of genuiness and due execution of
- Kanang mga admission, no need to present document
evidence kay kanang mga admission during Ex: PN ge deny kay falsified. Deed of sale ge deny.
pre-trial, these are considered as JUDICIAL Ang receipt gi deny. Pwede na ipa admit. If
ADMISSIONS and Judicial Admissions in admitted ang genuineness and due execution, then
evidence do not require presentation of there is no need to present a witness on that/ di na
evidence. kailangan ipa identify or di na need ipa
authenticate.
Another: pananglitan nga muingon jud ug ”not

admitted your honor that he has obtained a loan”. Aside sa AS, naa pay lain paagi sa pag settle –
Bsan ug wa ka kautang mu admit baka na availment of Alternative modes of Dispute
nakadawat kag demand letter? Resolution.
- If that is admitted, no need to present Unsa manang ADR?
demand letter.
- ADR – other ways/modes of settling the case
aside from court proceedings.
Examples of ADR: The defendant would say your honor we have 5

witnesses. Who are these witnesses? MNOPQR etc.
Katarungang Pambarangay
what would be the tenor of testimonies? If the same
Mediation or CAM tenor then this can be trimmed down to 2 or 1.
Shorten the proceedings.
JDR – Judicial Dispute Resolution
Unsa pa lain e take up pre trial?
- Issues to be resolved. (d) The limitation of the number and
identification of witnesses and the setting of
Unsa ng issues? trial dates;
- Butang or matters to be proved. Also, setting of trial dates. Sabotan daan. Kay sahay
What are those issues to be proved? ang mga atty daghan kaso.
- Allegations of parties that are not admitted. Ex: Plaintiff has 2 witnesses to present witnesses. Then
he will be given 2 dates to present also
Ex: collection for sum of money. In the complaint it is
stated among others, Defendant obtained a loan in (e) The advisability of a preliminary reference
the amount of 1M. nya sa iya answer, Defendant of issues to a commissioner;
denied having obtained such loan. That is one of the (f) The propriety of rendering judgment on
issues. Whether or not he has obtained a loan.
the pleadings, or summary judgment, or of
Another possible issue, in his answer Defendant dismissing the action should a valid ground
raised the defense of prescription. Defendant said therefor be found to exist;
that “Assuming that I obtained a loan, the same
(g) The requirement for the parties to:
already prescribed”. P insists that it has not yet
prescribe. 2nd issue: Whether or not the action has 1) Mark their respective evidence if
already prescribed. not vet marked in the judicial
Unsa pa na defenses ge raise. Like res judicata. affidavits of their witnesses;
Defendant: the action is barred by res judicata or 2) Examine and make comparisons
prescription or laches. Issue: whether or not the of the adverse parties' evidence vis-
action is barred by RJ or laches. a-vis the copies to be marked;
Mao ning possible issues during pre-trial. This has to 3) Manifest for the record stipulations
be defined, klaruhon sa ocurt unsa nang mga issues. regarding the faithfulness of the
Unsa pa lain? reproductions and the genuineness
and due execution of the adverse
- If ge admit na sa defendant ang mga parties' evidence;
important allegations, then the possibility of
rendering judgment on the pleadings or 4) Reserve evidence not available at
summary judgment. the pre-trial, but only in the following
manner:
Kung pananglitan mag trial jod, the court may also
require the parties to identify who are the witnesses. 1) For testimonial evidence,
Plaintiff, how many witness are u going present? by giving the name or
position and the nature of the
The limitation of number of witnesses.
testimony of the proposed
Ex: muana ang plaintiff “your honor we are going to witness;
present 5 witnesses”. Who are these 5? A B C D E. 2) For documentary
What are the matters they are going to testify? If evidence and other object
same tenor, the 5 witnesses may be reduced to 2. evidence, by giving a
What about defendant how many witnesses they particular description of the
are going to present? Di padaghanay sa witnesses evidence.
sa korte. Pabug-atay na. Bisan isa ra ka witness but
bug at iya testimony, then there is a big possibility No reservation shall be allowed if not
that you wil win the case. made in the manner described
above. (h)

Propriety of rendering judgment. Remember upon The failure without just cause of a party and/or
filing of the complaint/answer under R7, parties are counsel to bring the evidence required shall be
required to attach their evidence. The judicial deemed a waiver of the presentation of such
affidavits, documents and object evidence, these evidence.
are already marked. Exhibit A or Exhibit 1. If there are
The branch clerk of court shall prepare the minutes
additional exhibit, if wa pa na markahan, pwede sa
of the pre-trial, which shall have the following
pre trial.
format: (See prescribed form)
Pwede ba during trial proper nga usa ka party mo
present evidence nga wa pa markahi or witness na What is the effect if a party fails to appear during pre-
wa mo mention? Kay ang rule e mention dapat. Di trial?
pwede e secret2. During trial, si D as witness wa ma - if plaintiff fails to appear, case will be
mention including the judicial affidavit-wa ma dismissed. Sec 5, rule 18.
attached.
Absence of plaintiff and counsel w/o valid cause
Supposed during trial, the plaintiff would present a can be a ground for dismissal of the case and the
witness whose name was not mentioned in pre-trial dismissal is with prejudice. Considered on the merits.
and who also not executed a JA attached to the Most likely nga magpadayon ang counterclaim sa
record? Will that witness be allowed to testify? defendant.
Supposed the plaintiff would like to present a What about if the defendant is the one who failed to
witness but the identity of the witness was still appear?
unknown to him. during trial proper, would the
- the plaintiff would be allowed to present hid
plaintiff be allowed to present the witness?
evidence ex parte. Na defaulted cya as if
Under sec 2, if a party would like to reserve the wa cya ka file ug answer. He would not be
presentation of the witness whose name is not yet declared in default but the effect is the same
identified or if a party would like to present a of that a defaulted defendant.
document which is still to be secured. Usahay naahy
TN of the word AND in the q: “what is effect if plaintiff
documents na dugay i-secure, pede ban a unya
AND counsel fail to appear? Defendant AND
nlng na I present during trial?
counsel?”
- Yes, under sec 2, a party may be allowed to
Aside from that, last par of sec 2. A party who failed
make a reservation if the reservation refers to
to appear during pre-trial would be considered to
the presentation of a witness who is not yet
have waived his right to object to the faithfulness
identified he should give the name of the
and genuineness and due execution of the
witness and the tenor of the testimony, the
documents or evidence if any.
name or position and the nature of testimony
of the proposed witness. Di ba kung defendant ang mu absent, allowed mn
If it is a documentary evidence, a party making the tu present his evidence ex parte ang plaintiff so the
reservation of the presentation of the said defendant is deemed to have waived his right to
object admissibility of evidence of the plaintiff.
documentary/object evidence must describe with
particularity the evidence presented.
If it is a witness, kay wala pa maka talk sa witness kay --------------- S H O R T B R E A K --------------
toa pa sa abroad. Pede ra I give ang name and
REPEAT: during pre-trial if the court finds that there is
tenor of the testimony.
no more issues to be resolved because all material
allegations of the parties in their pleadings are
already admitted. The court may include in the pre-
(h) Such other matters as may aid in the
trial order the propriety to render judgment on
prompt disposition of the action.
pleadings or summary judgment.
The failure without just cause of a party and counsel Before the amendment of these rules, needs motion
to appear during pre-trial, despite notice, shall result from party. Under present amendments, court can
in a waiver of any objections to the faithfulness of motu proprio submit case for judgment on pleadings
the reproductions marked, or their genuineness and or summary judgment, if there is no genuine issues to
due execution. be resolved, there must be a motion from the
parties.
NOW, the court can moto proprio submit the case,

include in the pre-trial order that the case is
submitted for judgment in the pleading or summary Section 4. Appearance of Parties. — It shall be the
judgement if there is no more genuine issue to be duty of the parties and their counsel to appear at
resolved. the pre-trial, court-annexed mediation, and judicial
dispute resolution, if necessary. The non-
appearance of a party and counsel may be
excused only for acts of God, force majeure, or duly
Section 3. Notice of Pre-trial. — The notice of pre-trial
substantiated physical inability.
shall include the dates respectively set for:
TN: A representative may appear on behalf of a
(a) Pre-Trial; party, but shall/must be fully authorized in writing to
(b) Court-Annexed Mediation; and enter into an amicable settlement to submit to
alternative modes of dispute resolution, and to enter
(c) Judicial Dispute Resolution, if necessary. into stipulations or admissions of facts and
documents.
The notice of pre-trial shall be served on counsel, or
on the party who has no counsel. The counsel served What do you mean by fully authorized in writing?
with such notice is charged with the duty of notifying
the party represented by him or her. - The P or D must execute a SPA
Non-appearance at any of the foregoing settings What is written in the authorization/SPA? (MEMORIZE-
shall be deemed non-compliance at the Pre-Trial VERY IMPORTANT!)
and shall merit the same sanctions under Section 5 1. An authority to enter into AS
hereof.
2. Authority to submit to ADR
We have learned earlier that within 5 days from the
3. To enter into stipulations or admissions of
filing of the last pleading, the COC has to send
facts and documents.
notice to the parties on the date of pre-trial. The
notice of the pre-trial should include the dates set for - The SPA must specify that the person must
pre-trial, CAM, alternative dispute resolution, JDR if be specially authorized to enter into AS, to
necessary. submit the case for ADR and to enter into
stipulations or admissions of facts and
Notice of pretrial shall be sent to counsels or to the
documents.
parties if not represented by a counsel. If served on
counsels, directed to notify their clients. Notice to Pwede ba ang lawyer sa plaintiff or defendant would
the counsel is notice to the client. appear on behalf of client during pre-trial?
Non-appearance during pre-trial, mediation or JDR  If it is counsel himself who is authorized by
shall warrant dismissal of the case because absence party to appear, the lawyer must also be
during the mediation or JDR would be considered n specifically authorized. There must be SPA.
on-appearance of pre-trial and would warrant
 Tanan atty nga mo appear sa korte di
sanctions mentioned in sec 5.
kailangan mag SPA. Presumed cya na
If it is plaintiff who did not appear during JDR, case authorized. But the moment lawyer appears
may be dismissed. If it is the defendant, plaintiff may at pre trial, he should be equipped with SPA
be allowed his evidence presentation ex parte. because if he is without the authority of the
client and not duly authorized to appear for
Mediation and JDR are part of pre trial. Kent v.
that purpose w/o any SPA, the case may be
Mecares march 9, 2011. Mediation and JDR are
dismissed by the court due to the absence
considered part of pre trial. Non-appearance
of plaintiff. Or plaintiff may present evidence
therein is considered non-appearance at the pre-
ex parte due to absence of defendant.
trial itself which warrant the same sanctions
mentioned in sec 5.  A lawyer who appears as counsel for a party
need not present a written authority form hos
client to appear as his counsel because such
Suppose a party for valid reason cannot appear authority to appear in behalf of his client is
during pre trial. What if he is abroad. He cannot presumed however, if the same lawyer
personally appear during pre-trial. What should be would also appear during pre-trial, the same
done by him in order for case not to be dismissed? lawyer must be equipped with a written
authority form the party litigant. Absolute Where the counsel is present during pre-trial but he
management corporation vs metropolitan did not any SPA authorizing him to represent the
bank and trust company. July 22, 2014 plaintiff, the dismissal of the complaint is proper.
United Coconut Planters Banks vs Magpayo may 27
2004
Same ruling in DBP vs CA Jan 26 1989/Fountain head
Int. Phil Inc. vs CA feb 11 1991 TN: Dismissal of complaint due to failure of plaintiff to
prosecute is w/o prejudice to right of defendant to
Sa fountain head: Present 2 counsels, ila client
prosecute counterclaim in a same or separate
absent. Puro sila way authority. Ge dismiss sa court
proceeding. Padillia vs globe Asiatic realty Holdings
ang kaso. Ge tabla sila.
Corp. Aug 6 2014
If defendant ang wa mi appear unsay effects?
What about if it is a corporation?
 the plaintiff can present his evidence ex
If it is a corp, the representative of a corp must be parte
duly authorized thru a board resolution.
 he would not be declared in default
There must be a specific authority, di pede na because he already filed his answer but the
general power of attorney-Mr. X is duly authorized to effect would be the same. Ultramar aqua
appear in all cases and to sign all documents. resource inc vs fermida construction services
april 17, 2017
 it cannot be a ground for a declaration o
SC: the dismissal of the complaint is proper where
default but will only warrant the presentation
the secretary certificate which is not an SPA required
of evidence ex parte.
by the rules of court authorizing the client’s atty to
present it in the pretrial and among others enter into
a compromise agreement with other litigants. The
language of the sec cert is obviously general, no Section 6. Pre-trial brief. — The parties shall file with
specific mention was made about the complaint the court and serve on the adverse party, in such
filed by the plaintiff or the pre-trial thereof or the manner as shall ensure their receipt thereof at least
date and time of hearing. The authorization was for three (3) calendar days before the date of the pre-
all the cases filed by or for the petitioner and ALL its trial, their respective pre-trial briefs which shall
pre-trial. Fire corp vs IAC jan 29 1988 contain, among others:
“Di pede nang SANA ALL” hahaaha (a) A concise statement of the case and the
reliefs prayed for;
(b) A summary of admitted facts and
Section 5. Effect of failure to appear. — When duly proposed stipulation of facts;
notified, the failure of the plaintiff and counsel to
appear without valid cause when so required, (c) The main factual and legal issues to be
pursuant to the next preceding Section, shall cause tried or resolved;
the dismissal of the action. The dismissal shall be with (d) The propriety of referral of factual issues
prejudice, unless otherwise ordered by the court. A to commissioners;
similar failure on the part of the defendant and
counsel shall be cause to allow he plaintiff to (e) The documents or other object evidence
present his or her evidence ex-parte within ten (10) to be marked, stating the purpose thereof;
calendar days from termination of pre-trial, and the (f) The names of the witnesses, and
court to render judgment on the basis of the the summary of their respective
evidence offered. testimonies; and
A party who is absent is deemed to have admitted (g) Brief statement of points of law and
the genuineness and Due execution of the docs to citation of authorities.
be presented during trial.
Failure to file the pre-trial brief shall have the same
The absence of the plaintiff and his counsel during effect as failure to appear at the pre-trial. (8)
pre-trial warrants the dismissal of the complaint.
Pascual vs 1st Consolidated Rural Bank Feb 8 2018

During pre-trial the parties are requires to submit pre- (d) The applicable law, rules, and
trial brief. Non-submission of pre-trial brief is jurisprudence;
considered absent during pre-trial.
(e) The evidence marked;
During pre-trial, the court may order or direct that
(f) The specific trial dates for continuous trial,
the case be referred to commissioner.
which shall be within the period provided by
Unsa nang commissioner? the Rules;
- If there is an issue which is beyond expertise (g) The case flowchart to be determined by
of court, it may be referred expert on that the court, which shall contain the different
matter for resolution of that issue. stages of the proceedings up to the
promulgation of the decision and the use of
Ex: Case involving boundary dispute. Unsaon pg
time frames for each stage in setting the trial
resolve sa court? Nga ang judge usually ang
dates;
background ana, most likely accountancy or polsci.
Court has to appoint a geodetic engr. to conduct (h) A statement that the one-day
relocation survey in order to resolve issue. Kanang examination of witness rule and most
geodetic engr. Na I appoint sa court moo nay important witness rule under A.M. No. 03-1-
gitawag na commissioner. Kinsa mogasto? Ang 09-SC (Guidelines for Pre-Trial) shall be strictly
parties. Pwede nga magsabot na magshare sa followed; and
expense. Hiring of an independent geodetic engr.
What do you mean by one day examination of
Ex: accounting matters. Ginikanan dghan kaau nya witness rule? BAR Q!
ang profits sa business gi solo sa usa ka anak then
ang uban nangau ug bahin. Unsaon pg kwenta - It means that the examination of the witness
ana? shall be terminated on the same day that he
is presented to testify. If the witness is
- the court has to appoint a commissioner a presented now, he is subject to direct and
CPA. Pede 1 or 2 depende sa gidak on sa cross-examination, then re-direct and re-
work. Commissioner is needed if there is an cross.
issue which requires an expertise of the other
person. What do you mean by most important witness rule?
BAR Q
- the most important witness shall be
What are the instances that complaint may be presented first by the party. Ang pinaka bug-
dismissed as a penalty of the plaintiff? BAR Q!!! at na mo testimony mooy I present first.
- Failure to attend pre trial As what we have said earlier, the court may include
- Failure to file a pretrial brief the W/N the case is proper for judgment on the
pleadings or summary judgment in pre-trial.
- Those instances mentioned in Sec 3, rule 17
(i) A statement that the court shall render
judgment on the pleadings or summary
At the end of the pre-trial, the court has to issue a judgment, as the case may be.
pre-trial order so the court has to state in the order
The direct testimony of witnesses for the plaintiff shall
what transpired during the pre-trial proceedings:
be in the form of judicial affidavits. After the
(enumeration below)
identification of such affidavits, cross-examination
Section 7. Pre-Trial Order. — Upon termination of shall proceed immediately.
pre-trial, the court shall issue an order within ten (10)
- moo ni ang one day examination rule
calendar days which shall recite in detail the
matters taken up. The order shall include: Postponement of presentation of the parties'
witnesses at a scheduled date is prohibited, except
(a) An enumeration of the admitted facts; if it is based on acts of God, force majeure or duly
(b) The minutes of the pre-trial conference; substantiated physical inability of the witness to
appear and testify. The party who caused the
(c) The legal and factual issue/s to be tried; postponement is warned that the presentation of its

evidence must still be terminated within the If judicial dispute resolution fails, trial before the
remaining dates previously agreed upon. original court shall proceed on the dates agreed
upon.
Ex: ang plaintiff gitagaan ug 3 dates, humanon nya
ang examination of witness sa mga dates na gi All proceedings during the court-annexed
hatag nya. mediation and the judicial dispute resolution shall be
confidential. (n)
What if absent ang pikas during the presentation of
the witness, it is the presentation for the defendants OLD: mediation, JDR then pre-trial
witness na absent ang plaintiff, di nana nmo I dismiss
OLD: Ang mo-conduct sa JDR kay ang judge na diin
kay defendants turn naman. Trial shall proceed then
na raffle ang case originally if di ma settle adto I
the plaintiff has waived his right to cross-examine.
raffle sa lain court.
NOW: Pre-trial, mediation, JDR if necessary.
Should the opposing party fail to appear without NOW: JDR would be conducted by another judge.
valid cause stated in the next preceding paragraph, If the JDR fails, it would be returned to the court
the presentation of the scheduled witness will where it is originally filed.
proceed with the absent party being deemed to
have waived the right to interpose objection and Non-appearance during the JDR shall be deemed
conduct cross-examination. as nonappearance of the pre-trial and shall merit
the same sanctions under sec 5.
The contents of the pre-trial order shall control the
subsequent proceedings, unless modified before
trial to prevent manifest injustice. (7)
Section 10. Judgment after pre-trial. — Should there
be no more controverted facts, or no more genuine
issue as to any material fact, or an absence of any
Section 8. Court-Annexed Mediation. — After pre-
issue, or should the answer fail to tender an issue, the
trial and, after issues are joined, the court shall refer
court shall, without prejudice to a party moving for
the parties for mandatory court-annexed mediation.
judgment on the pleadings under Rule 34 or
The period for court-annexed mediation shall not summary judgment under Rule 35, motu
exceed thirty (30) calendar days without further proprio include in the pre-trial order that the case be
extension. (n) submitted for summary judgment or judgment on
the pleadings, without need of position papers or
When shall the case be reffered to mediation? memoranda. In such cases, judgment shall be
Old rules, before pretrial I refer cya sa mediation. rendered within ninety (90) calendar days from
termination of the pre-trial.
NOW, unahon sa ang pre-trial usa pa ang
mediation. The order of the court to submit the case for
judgment pursuant to this Rule shall not be the
What is the effect of the non-appearance of parties
subject to appeal or certiorari.
in the mediation?
- the propriety of a submitting the case to
- The same as non-appearance during pre-
judgment on the pleadings or summary
trial itself
judgment, the court has to include that in
After that the case MAY refer to JDR (not the order and submit the case to decision
mandatory) either decision base on the judgment on the
pleadings or summary judgment.
Repeat: before the amendment: a judge
Section 9. Judicial Dispute Resolution. — Only if the
cannot moto pro prio submit the case to J on the
judge of the court to which the case was originally
P or SM, there has to be a motion coming from a
raffled is convinced that settlement is still possible,
party.
the case may be referred to another court for
judicial dispute resolution. The judicial dispute NOW: allowed na moto pro prio
resolution shall be conducted within a non-
extendible period of fifteen (15) calendar days from
notice of failure of the court-annexed mediation.

RULE 19 - enable a stranger to an action to become a

INTERVENTION party to protect his interest and for the court
to settle all conflicting claims. Intervention is
Section 1. Who may intervene. — A person who has allowed to avoid multiplicity of suits more
a legal interest in the matter in litigation, or in the than on due process considerations. Vera
success of either of the parties, or an interest against mall tenant assoc inc v. vera mall green hills
both, or is so situated as to be adversely affected by assoc inc October 5, 2011
a distribution or other disposition of property in the
custody of the court or of an officer thereof may, Keyword in intervention: Legal Interest
with leave of court, be allowed to intervene in the
action. The court shall consider whether or not the
intervention will unduly delay or prejudice the Who may intervene?
adjudication of the rights of the original parties, and A person who has a legal interest:
whether or not the intervenor's rights may be fully
protected in a separate proceeding. (2[a], [b]a, 1. in the matter in litigation,
R12) 2. or in the success of either of the parties,
What is intervention? 3. or an interest against both,
- Similar to 3rd party complaint – sa 3rd party 4. or is so situated as to be adversely affected
complaint naay outsider nga wa maapil sa by a distribution or other disposition of
kaso pero ge bitad sa defendant. Apil diri property in the custody of the court or of an
kay ikaw hinungdan sa tanan. Defendant officer thereof
with leave of court brought into a case an
outsider. Just like a 3rd party complaint, intervention is not a
matter of right. A person who would like to intervene
- What if naay party, wa ni invite nya or in a case has to file first a motion for leave of court-
mibitad nya but naa cyay interest ani na permission of the court to intervene.
kaso, mao nay intervention. Cya nalang
miapil sa kaso. The court shall consider if the intervention will unduly
delay or prejudice the adjudication fo the rights of
the original parties and whether or not the
BAR Q! intervenor’s rights may be fully protected in a
separate proceedings.
What is intervention?
- is a proceeding in an action by which a 3 rd
person is permitted by the court to make What are the requisites in order for a stranger may
himself a party either by joining with plaintiff intervene in a case?
in claiming what is sought by the complaint 1. Legal interest
or uniting with the defendant in resisting
claims of the plaintiff or demanding a. in the matter in litigation,
something adversely to both of them. b. or in the success of either of the parties,
Metropolitan Bank and Trust Company
(MBTC) v. presiding judge of RTC manila c. or an interest against both,
branch 39 sept 21 1990 d. or is so situated as to be adversely
- intervention is a remedy by which a 3rd party affected by a distribution or other
not originally impleaded in the proceedings disposition of property in the custody of
becomes a litigant therein to enable him to the court or of an officer thereof
protect or preserved his rights or interest that
may be affected by these proceedings.
These remedies however is not a matter of 2. Intervention will not unduly delay or
right. republic vs sereno may 11 2017 / prejudice the adjudication of the rights of
ompo vs dalisay july 18 2012 the original parties.
3. Intervenor’s rights may not be protected in a
separate proceeding. Asia’s emerging
What is the purpose of intervention? dragon corp vs DTC march 24 2008

- Remedy is to intervene in the case because

you have a legal interest in the disposition of
Legal interest in subject matter of the case
the car subject of preliminary attachment.
Ex: The congress passes a law prohibiting those who
SC: what qualifies a person to intervene is his position
have not yet been vaccinated from employment in
of a legal interest in the matter of the litigation, legal
private or public offices. Those wa pa bakuna mo
interest in the success of either of the party, legal
file declaratory relief asking court to declare law as
interest against both or when he is so situated or
unconstitutional for being discriminatory. Ma
adversely affected by a disposition or distribution of
affected ka ana kay wa kay bakuna pero di ka ang
the property in the custody of the court or officer
ng file sa case, pwede ka mo intervene?
thereof. Such legal interest must be a direct and
Yes, you have legal interest. immediate character so that the intervenor will
wither gain or loss by a direct legal operation by a
Why do you have an interest?
judgment. It must be actual and material interest, a
- bec you are also working. Might be affected concern which is more than mere curiosity or
by the law. academic or sentimental desire. It must not be a
direct and contingent; indirect and remote,
conjectural, consequential or collateral. Ong co vs
Legal interest in the success of either of the parties dalisay july 18, 2012
Ex: the plaintiff files a case for recovery of ownership It is not enough that there is only legal interest, it must
against defendant. Unya ang defendant ge be alos be proved that the Intervention will not
baligya na niya property nimo. Wa man nimo ge pa unduly delay or prejudice the adjudication of the
register. So ang name sa registro kay ang name pa rights of the original parties and the Intervenor’s
sa defendant and gi-file-an mn ug case ang rights may not be protected in a separate
defendant. Pede ba ka mu intervene sa kaso? proceeding. Both requirements must concur.
Neptune metal scrap recycling Inc vs manila
- Yes because you have legal interest in
electric co. July 4 2016
property subject of the case which may be
affected by the claim of the plaintiff. Read also Batama Farmers Cooperative Marketing
Association vs Rosal Nov 29 1971 for more examples
cases wherein intervention is proper.
Legal interest against both
Intervention is merely ancillary to the main action
Gi double sale ang property ni S. gibaligya ni A and and supplemental to existing litigation. So that if the
B. here comes P ni file kaso ni A for recovery of main action is dismiss ex: lack of jurisdiction,
ownership or quieting of title. Si B ni angkon na cya necessarily the intervention is also dismissed.
sad ang tag-iya sa maong yuta kay iyang napalit
Or if the main case is dismissed for failure of the
pod. Imo interest is against P and A since ikaw ang
plaintiff for failure to prosecute, the intervention may
tag-iya. You have interest over the property against
also be dismissed. Majestic finance and investment
both.
com inc v. tito oct 22 2014
But in One Case: dihay original parties entered into
What do you mean by a person who will be compromise agreement. Nireklamo ang intervenor.
adversely affected by disposition of property under Apilon daw cya dapat. Pwede ba sila ra magsabot
custody of court or officer of the court? ang original parties lang?
Ex: imo igsuon naay utang. Unya naay kaso nga SC: NO. MBTC v. Pres Judge RTC 39 sept 21 1990.
collection sum of money. Imo brother is about to However when intervenor has been allowed to
depart from hilH. The plaintiff is asking writ of become a party to case, it is error for the court to
attachment and it was issued. Usa sa ge attach ang dismiss the action including the intervention suit on
car na gi sell sa imong brother nmo. the basis alone by the agreement of the original
parties to the action. Any settlement by the plaintiff
Or if di nmo igsoon, nakabuy ka ug car sa stranger
and defendant is necessarily ineffective unless the
nya gikuha cya sa sheriff since ang seller naay utang
intervenor is a party to it.
sa lain person and gi attached ang car sold by him
to you. Unsa remedy arun di mabaligya or subject Considering that intervention is merely ancillary
to execution sale ang car? (pakapin lang). jurisdiction over intervention is
governed by the jurisdiction in main action. If the
main action is dismiss due to lack of jurisdiction over What is remedy of movant if the motion to intervene
subject matter, the intervention is also dismiss. Pulgar is denied by the court?
v. RTC of Mauban Quezon sept 10 2014
A: appeal from order of the court which denied the
The rule is similar to 3rd party complaint- Ang venue motion. Bec the order of court is considered a final
ug jurisdiction would follow on the main action not order. Gallego v. Galang July 27 2004
on the 3rd party complaint.
Other Remedy?
Section 2. Time to intervene. — The motion to - File separate action
intervene may be filed at any time before rendition
of judgment by the trial court. A copy of the Suppose motion is improperly granted, reverse nsad.
pleading-in-intervention shall be attached to the If granted nya naa grave abuse bc parties who
motion and served on the original parties. (n) would like to intervene has no legal interest or further
delay the proceedings.
When is the right time to intervene? BAR Q
- If there is GAD then certiorari is the remedy
If naka render na ang court ug judgment, pwede
pa mo file intervention?
- NO, The motion to intervene may be filed at Section 3. Pleadings-in-intervention. — The
any time before rendition of judgment by the intervenor shall file a complaint-in-intervention if
trial court. Sec 2 rule 19/ Yao vs manila he or she asserts a claim against either or all of the
banking corp july 11 2002 original parties, or an answer-in-intervention if he or
she unites with the defending party in resisting a
What is the rationale of the rule? claim against the latter.
- Rationale of the rule is to avoid undue delay Asserts a claim against either or all of the original
bec a reassessment of claim would have to parties- complaint in intervention
be done if the motion for intervention is
allowed after judgment has already been Unites with the defending party- answer in
rendered. intervention
- SC: Di pwede decide ang korte if di basahon

tibook kaso. Nya if e allow intervention nya Section 4. Answer to complaint-in-intervention. —
mana decision, pabashon nsd nimo ang The answer to the complaint-in-intervention shall be
court sa tanan record? Di pwede! filed within fifteen (15) calendar days from notice of
the order admitting the same, unless a different
period is fixed by the court.
But there is an exception:
Suppose complaint in intervention is filed, should it
One case, there is an indispensable party asked the be answered?
ocurt that he would be allowed to intervene bec he
is an IP, the case now is on appeal. Gi allow sa SC. - Yes. Within 15 calendar days from notice of
ordering admitting the same.
SC: this is an exception to the rule if the movant is an
IP, the court may allow the intervention even after
rendition of judgment such as appeal. Neptune Can there be default? If di tubagon sa adverse
Scrap Metal Recycling Inc. vs MECO July 4, 2016 / party.
Luyoco vs CA july 12 2001
A: yes. Lim v. National Power Corp Nov 14 2012. If
There was even case where the decision have original parties fail to file answer for the complaint in
already final and executory where SC allowed intervention within 15 cal days from notice of the
intervention. Mago v. CA Feb 29 1999. order admitting the same, he can be declared in
Reason of the SC: is that in order to avoid injustice default. Sec 4.
but TN in these cases wherein the court allows
intervention even after rendition of judgment, the
INTERVENOR WAS AN INDESPENSABLE PARTY. Assignment: rule 4
October 29. 2021

Choy & Sherre the assignment of cases shall be determined by

raffle.
The last rule that was discussed was about

Intervention. Diri sa Cebu City, “electronic raffle”. Lapu-Lapu and
Mandaue are having electronic raffle. Pero sa
ubang lugar, manual ra gyud na raffle.
Remember:
What is intervention and the requirements/ requisites RULE 21
in order that a stranger may be allowed to intervene
in a certain case. TN! Subpoena
Section 1. Subpoena and subpoena duces tecum.
— Subpoena is a process directed to a person
What is the remedy of the movant or of the party who
requiring him to attend and to testify at the hearing
wants to intervene but his motion to intervene is
or the trial of an action, or at any investigation
denied?
conducted by competent authority, or for the
The remedy is appeal from the order of the court. taking of his deposition. It may also require him to
Because such order, according to the SC, is bring with him any books, documents, or other things
considered a final order. under his control, in which case it is called a
subpoena duces tecum. (1a, R23)
RULE 20 There are 2 kinds of subpoena:

Calendar of Cases - Subpoena duces tecum
Section 1. Calendar of cases. — The clerk of court, - Subpoena ad testificandum
under the direct supervision of the judge, shall keep
a calendar of cases for pre-trial, for trial, those whose
What is subpoena ad testificandum, and what is
trials were adjourned or postponed, and those with
subpoena duces tecum.?
motions to set for hearing. Preference shall be given
to habeas corpus cases, election cases, special civil Subpoena ad testificandum
actions, and those so required by law. (1a, R22) - a subpoena requiring a witness to appear in court
-Just a Matter of Reading- and testify in a case.
Unsa manang calendar of cases? If a witness, aside from requiring him to appear in
court, he is also required to bring with him certain
Mga listahan sa mga kaso nga iset for hearing on a documents or objects, the subpoena that should be
certain date. issued to him would be subpoena duces tecum.
It shall be prepared by the clerk of court, but of

Section 2. By whom issued. — The subpoena may be
course, the COC is so busy, he has to delegate it.
issued by —
The preparation of the calendar has to be
delegated to one of his subordinates. Usually it (a) the court before whom the witness is
would be the court interpreter who would prepare required to attend;
the calendar of cases. (b) the court of the place where the
deposition is to be taken;
Section 2. Assignment of cases. — The assignment of (c) the officer or body authorized by law to
cases to the different branches of a court shall be do so in connection with investigations
done exclusively by raffle. The assignment shall be conducted by said officer or body; or
done in open session of which adequate notice shall (d) any Justice of the Supreme Court or of
be given so as to afford interested parties the the Court of Appeals in any case or
opportunity to be present. (7a, R22) investigation pending within the Philippines.
The assignment of cases shall be determined by When application for a subpoena to a prisoner is
raffle. If there are two or more branches in a court, made, the judge or officer shall examine and study

carefully such application to determine whether the

same is made for a valid purpose. If it’s a subpoena duces tecum, requiring the witness
No prisoner sentenced to death, reclusion to bring certain documents or objects. Of course,
perpetua or life imprisonment and who is confined the documents or objects must be described with
in any penal institution shall be brought outside the particularity.
said penal institution for appearance or attendance
in any court unless authorized by the Supreme Court
(2a, R23) Section 4. Quashing a subpoena. — The court may
quash a subpoena duces tecum upon motion
Who has the authority to issue subpoena? promptly made and, in any event, at or before the
Sec. 2 tells us who can issue subpoena: time specified therein if it is unreasonable and
- the court where the case is pending; or oppressive, or the relevancy of the books,
before whom the witness is required to testify documents or things does not appear, or if the
person in whose behalf the subpoena is issued fails
- the court of the place where the deposition to advance the reasonable cost of the production
is to be taken thereof.
- the officer or body authorized by law to do The court may quash a subpoena
so in connection with investigations ad testificandum on the ground that the witness is
conducted by the said officer or body. not bound thereby. In either case, the subpoena
For example: may be quashed on the ground that the witness fees
 the prosecutor’s office. It is and kilometrage allowed by these Rules were not
authorized by law to issue subpoena tendered when the subpoena was served. (4a, R23)
 the NBI May a subpoena be quash? Can it be lifted?
 the PNP, especially the chief PNP, he Yes, it can be lifted.
has the so called subpoena power
 justices of the SC or the CA On what grounds?
Sec. 4 tells us the grounds:
Pwede ba subpoena-an ang usa ka piniriso? Pwede - when it is unreasonable or oppressive
ba pa adtuon adto sa korte?
- the relevancy of the books, documents or
YES. If his presence is necessary. things does not appear
- if the person in whose behalf the subpoena
But, look at the last sentence: is issued fails to advance the cost of the
production thereof.
TN: “If a prisoner has been already sentenced to
death, reclusion perpetua or life imprisonment, it’s
only the SC who can authorized or the issuance of - kinahanglan mu hatag siyag expenses sap
the subpoena must be duly authorized by the SC. ag produce, kay kung dili, the subpoena
may be quash or set aside
The issuance of the subpoena to the inmate who has
been sentenced to death shall be authorized, there Section 5. Subpoena for depositions. — Proof of
must be permission from the SC. service of a notice to take a deposition, as provided
in sections 15 and 25 of Rule 23, shall constitute
sufficient authorization for the issuance of
Section 3. Form and contents. — A subpoena shall
subpoenas for the persons named in said notice by
state the name of the court and the title of the
the clerk of the court of the place in which the
action or investigation, shall be directed to the
deposition is to be taken. The clerk shall not,
person whose attendance is required, and in the
however, issue a subpoena duces tecum to any
case of a subpoena duces tecum, it shall also
such person without an order of the court. (5a, R23)
contain a reasonable description of the books,
documents or things demanded which must appear Under Sec. 5, the witness whom deposition is to be
to the court prima facie relevant. (3a, R23) taken may be compelled to testify through a
subpoena.
- Matter of reading –
warrant to the sheriff of the province, or his or

her deputy, to arrest the witness and bring him or
Section 6. Service. — Service of a subpoena shall be
her before the court or officer where his or
made in the same manner as personal or substituted
her attendance is required, and the cost of such
service of summons. The original shall be exhibited
warrant and seizure of such witness shall be paid by
and a copy thereof delivered to the person on
the witness if the court issuing it shall determine that
whom it is served. The service must be made so as to
his or her failure to answer the subpoena was willful
allow the witness a reasonable time for preparation
and without just excuse.
and travel to the place of attendance.
Section 9. Contempt. — Failure by any person
Costs for court attendance and the production of
without adequate cause to obey a subpoena
documents and other materials subject of the
served upon him or her shall be deemed a
subpoena shall be tendered or charged
contempt of the court from which the subpoena is
accordingly.
issued. If the subpoena was not issued by a court,
How should subpoena be served? the disobedience thereto shall be punished in
Subpoena shall be served on the same manner of accordance with the applicable law or Rule.
serving summons. TN on this as this is somewhat important.
Nahinumdom unsaon pag serve sa summons? This is the consequence if the person against whom
a subpoena is issued fails to testify, fails to appear in
court.
Subpoena shall be served in the same manner as:
- personal or
Kannag subpoena
- substituted service of summons
- that is an order from the court requiring a
person to appear, either to testify, or to bring
That is what the rule says, but in actual practice with him certain documents or objects and
pwede ra registered mail labi na layo ang witness. to testify
But of course, if you are asked in the bar, usahay If the person against whom a subpoena is issued fails
man gud naa may variation ang actual practice- to appear in court without a justifiable reason, the
naay kalainan. court can issue warrant for his arrest to compel him
to testify.
So if ever you will be asked in the bar on how - pwede siya dakpon
subpoena should be served.
- It should be served in the same manner as The warrant arrest that is issued against him is called
personal or substituted service of summons. Bench Warrant.
Section 7. Personal appearance in court. — A Atu rabang nahinumduman sa warrant of arrest,

person present in court before a judicial officer may kung mu ingon ta ug warrant of arrest, mu sud sa
be required to testify as if he or she were in atung hunahuna kana rang tawng dunay kaso,
attendance upon a subpoena issued by such court criminal na kaso.
or officer.
If a person who is required to testify is present in Pwede diay wa kay kaso sa court pero gi issue-han
court, there is no need for subpoena. kag subpoena, wa ka mu tunga, a warrant of arrest
- nana gud siya diha sa korte may be issued against that person.
Section 8. Compelling attendance. — In case of (Again) Unsay ngan anang maong warrant of
failure of a witness to attend, the court or judge arrest? Bench Warrant
issuing the subpoena, upon proof of the service
thereof and of the failure of the witness, may issue a

Pangutan-on niya ka, explain what is a bench detention prisoner if no permission of the court in
warrant? which his or her case is pending was obtained.
(Judge D: Bench warrant is a warrant issued to a Sec. 10 tells us another instance wherein a
person to bring a bench. Nindot. Nindot ng tubaga. subpoena:
Hahahahahah kalagot)
- may be quashed or
- may be refused, or a person being
A Bench Warrant is defined by the SC as a writ issued subpoenaed may refuse to comply
directly by a judge to a law enforcement officer
especially for the arrest of a person who has been
held in contempt. or has disobeyed the subpoena; This is mentioned in Sect 10, the so called Viatory
or has failed to appear for a hearing or trial. Right of a Witness
Magleo v. Quinagoran, November 12, 2014
Bar Q:
A bench warrant differ from a warrant of arrest since What do you mean by viatory right of a witness?
a warrant of arrest presupposes that a criminal case (Judge D: Buanga noh kung panaglitan ibalik na,
has been filed against the subject of the warrant. yangud-yangud jud kas kisame, wa raba jud kay
makita. lol afatay)
Purpose A viatory right of a witness, that refers to the refusal
of the witness to testify, a valid ground not to appear
The purpose of the bench warrant is to compel the
in court if he is residing at a distance of more than
person against whom a subpoena is served to
100km away from the court.
appear in court to testify or to bring with him
documents or objects.
This section excuses a witness from appearing
before a court, judge, or officer of the province in
Issuance of the bench warrant may only be
which he resides if the distance exceeds 100km from
preliminary.
his place of residence to the place of trial by the
- kanang pag issue sa warrant posible rana na usual course of travel. However this right is so called
preliminary. viatory right of a witness, is applicable only to civil
Because the person who failed to testify in court cases, and not to criminal cases.
despite the issuance of subpoena may be cited by People v. Montejo, 128 Phil 809
the court in contempt. May be cited for indirect
contempt under Rule 71.
You might ask:
If that witness is a very vital witness and he is residing
Unya sa contempt, if you remember, the penalty for
more than 100km away from the court and since he
contempt of court is either imprisonment or
cannot be compelled by a subpoena because of
payment of fine.
the so called viatory right, how can his testimony be
introduced in a case?
So lahi na ang pag issue sa warrant, preliminary
rana.
There’s a remedy with this: the party who wants to
presents him because his testimony is vital in a case,
The person who disobeys the subpoena may also be then that party may cause for the taking of his
cited for indirect contempt under Rule 71. deposition.
- pwede kwaan ra ug deposition
Section 10. Exceptions. — The provisions of Sections

8 and 9 of this Rule shall not apply to a witness who Unsa manang deposition?
resides more than one hundred (100) kilometers from That is a hearing, sort of taking the testimony of a
his or her residence to the place where he or she is witness outside the court.
to testify by the ordinary course of travel, or to a

RULE 22
Computation of Time So pananglitan, gitagaan nakag extension, another
30 days pero imong ika 30th day sa extension period
Section 1. How to compute time. — In computing
mi fall ug Saturday, wa na. No more automatic
any period of time prescribed or allowed by these
extension. So inig mu file ka ug Monday, wa na ka.
Rules, or by order of the court, or by any applicable
statute, the day of the act or event from which the Reinier Pacific International Shipping, Inc. v.
designated period of time begins to run is to be Guevarra, June 19, 2013
excluded and the date of performance included. If
the last day of the period, as thus computed, falls on
According to SC, Sec. 1, Rule 22, speaks only of the
a Saturday a Sunday, or a legal holiday in the place
last day of the period so that when a party seeks an
where the court sits, the time shall not run until the
extension and the same is granted, the due date
next working day. (a)
ceases to be the last day, and hence, the provision
Daghan man kaayo ng period diha sa rules, period no longer applies. Any extension of time to file the
to file answer, period to file a motion for required pleading should therefore be counted
reconsideration, daghan kaayo. from the expiration of the period, regardless of the
fact that said due date is a Saturday, Sunday or
legal holiday.
If a party is given, for example, a 15-day period
within which to file an appeal, file a motion or to file
answer or comment, unsaon mana pag compute? Section 2. Effect of interruption. — Should an act be
Unsaon mana pag kwenta? done which effectively interrupts the running of the
period, the allowable period after such interruption
shall start to run on the day after notice of the
ANS:
cessation of the cause thereof.
Remember your civil, exclude the first, include the
The day of the act that caused the interruption shall
last.
be excluded in the computation of the period. (n)
So karon gi serve ang summons, gaan siya ug 30
days, kanus-a man ka mag sugod? Ugma. Sugod Whenever there is an interruption, for example, the
kag ihap ugma, ayaw ron. Karon, petsa 29, you defendant filed a motion for bill of particulars, The
exclude the first, ayaw- (giputol niya iyang giingon). filing of the motion for bill of particulars stops the
Kay dili man makumpleto ang 24hrs, ugma paman running of the reglementary period, and it will
ma kumpleto ang 24hrs, ugma paka mag sugod. resume to run after the court has ruled on the
motion.
“exclude the first, include the last.”

And the defendant, if his motion is denied, the
defendant has the remaining period, but not less
Supposed the last day of the period falls on a than 5 days.
Saturday or holiday, pananglitan, ang last day niya,
for example, the 15th day or the 30th day falls on a
Saturday or Sunday or holiday, dili ka ka file sa imong Kung less than 5 days, automatic pud ang extension
answer. Gusto tana ka mo file but dili ka ka file. up to 5 days.
Unsaon mana?
ANS: TN:
There will be an automatic extension, the next RULE 23 TO RULE 29
working day. The pleading or the motion shall be MODES OF DISCOVERY
filed on the next working day but take note, if there
has been-
- kanumdom mo sa motion for extension to file Rule 23 to Rule 29, these are all about the modes of
answer, pwede man mag pa extend ka. discovery.
This rule on automatic extension does not apply on Unsa manang discovery?
the extended period. It will not apply.

Discover. Naay sekreto, idiscover. Naay gitaguan, Sa akong tan-aw, wa na kaayo ni gamit karon. Sa
gidiscover. pirmero palang, wa na kita naman ang baraha jud.
Di naman ka pwede mag tago-tago Pero naa lang
gihapon ni. (
Kanang kaso gud, ang mga parties ana murag ga
duwa ug chikicha, murag ga duwa ug tong-its.
Kanang taguan jud ang baraha arun di makit-an sa Judge D:
pikas. On my personal view, gamay nalang ni siyag gamit
because of the present amendment.
Mao na ang ROC, aron jud makit-an unsa ng imong
mga ebidensya diha, mao ng gi-icorporate kining These modes of discovery will be discussed one by
Modes of Discovery- mode of discpvering evidence one but BE SURE that you will have a working idea,
of the adverse party. kinahanglan duna jud kay idea dayun kung
The ways, the means of discovering the evidence of makadungog ka ni ana. Duna dayun kay idea how
the adverse party. is it done.
- for example, ingon tag deposition, how is it
Pero karon, murag medyo di na kaayo gamit. Do done? Unsaon mana pag avail?
you know why di na kaayo gamit?
ANS: Kay kadaghan nana gipangutana sa bar wherein
Because of the recent amendment. Because under the exxaminees are required to enumerate and
the recent amendment, if you remember, the explain how a party may avail each mode of
plaintiff is required not only to alleged the ultimate discover.
facts but also the evidentiary facts. - kinahanglan duna kay automatic na
- unsa manang mga ebidensya nimo, e state answer.
na didto sa imong kiha and also the law,
- and the evidence shall now be attached What are the different modes of discovery under the
-inig file sa kaso iattach na ROC?
Dili gani na nimo iattach, There are 5 modes of Discover:
- naa kay dokyumento di nimo iattach, 1. Rule 23- Depositions Pending Actions
pananglitan witness. Iattach nimo ang Rule 24- Depositions Before Action or
witness- judicial affidavits. Pending Appeal
Di gani na nimo iattach, and there is no justifiable 2. Rule 25- Written Interrogatories to Parties
reason for failing to do so, wala kay igong 3. Rule 26- Request for Admission by Adverse
katarungan nganung wa na gi allege, nganung Party
wala na gi attach, di naka pwede maka present
ana sa trial. 4. Rule 27- Production or Inspection of
Document or Things
5. Rule 28- Physical and Mental Examination of
Same on the part of the defendant. Unsa may Persons
depensa nimo? Unsa man imong pangatarungan?
Negative or affirmative defense, iallege na nimo.
Unsa may imuhang supporting evidence ana? Mao PURPOSE:
ra gihapon sa rule sa plaintiff. The purpose of the modes of discovery is to enable,
Sa answer istate nimo, istate sa defendant unsa may not only the parties, but also the court to discover all
mga defenses niya. Unya unsa may mga the relevant and material facts in connection with
dokyumento o mga evbidensya ikasupport ana, ug the case pending before it. All the parties are
ang balaod. required to lay their cards on the table so that justice
can be rendered on the merits of the case.
Eagleridge Development Corp. v. Cameron
Judge D: Granville 3 Asset Management, Inc., April 10, 2013

Pila gani tu kabuok ang modes of discovery?

There are five. ------ You have now a bird’s eye view of the different
modes of discovery. The importance of the different
modes of discovery.
The different modes of discovery are intended to
enable a party to obtain knowledge of material
facts within the knowledge of the adverse party or RULE 23
of third parties, thus facilitates an amicable DEPOSITIONS PENDING ACTIONS
settlement or expedites the trial of the case.
Section 1. Depositions pending action, when may
be taken. — Upon ex parte motion of a party, the
All the parties are required to lay their cards on the testimony of any person, whether a party or not,
table so that justice can be rendered on the merits may be taken, at the instance of any party, by
of the case. deposition upon oral examination or written
interrogatories. The attendance of witnesses may be
compelled by the use of a subpoena as provided in
HOWEVER, recourse to the discovery procedures is Rule 21. Depositions shall be taken only in
not mandatory. If the parties do not choose to resort accordance with these Rules. The deposition of a
such procedures, the pre-trial conference shall be person confined in prison may be taken only by
set pursuant to the mandatory procedures of the leave of court on such terms as the court prescribes.
rules.
Unsa manang pending action?
- pero ayaw kaayo mo salig anang word na
Meaning there is already a case filed.
“not mandatory” kay dunay mga penalties
diri basta dili ka mo avail
- nay pipila ka penalties Unsa gani tu ng deposition?
Koh v. IAC, September 23, 1986 That is the taking of the testimony of the witness
outside the court.
Litigation is not a game of skills and stratagems. It is

a social process that should allow both parties to (Judfe D: at least duna kay gamayng idea unsa na,
fully and fairly access the truth of the matters in we will enhance that.)
litigation.
Eagleridge Development Corp. v. Cameron Under Sec. 1, it says that, “upon ex parte motion of
Granville 3 Asset Management, Inc., April 10, 2013 a party, the testimony of any person, whether a
party or not, may be taken by deposition upon oral
The liberty of a party to make a discovery is or written interrogatories. The attendance of
witnesses may be compelled by the use of a
unrestricted if the matters inquired into are otherwise
subpoena as provided in Rule 21. Depositions shall
relevant and not privileged, and the inquiry is made
be taken only in accordance with these Rules. The
in good faith within the bounds of law.
deposition of a person confined in prison may be
- so as long as it is relevant and it is not taken only by leave of court on such terms as the
privileged, it can be subject of discovery. court prescribes.”
Republic vs. Sandiganbayan, November 21, 1991
So, the taking of the deposition, there are 2 kinds of
May a party avail any, some or all of these modes of deposition
discovery? Pwede pa kaning tanan iavail? - oral deposition; or
ANS: - deposition through written interrogatories.
YES, according to the SC. The fact that a party has
resorted to a particular method of discovery will not
Meaning of deposition
bar subsequent use of other discovery mode as long
as the party is not attempting to circumvent a ruling Deposition refers to a written testimony of a witness
of the court or to harass or oppress the other party. given in the course of judicial proceeding, in the
advance of the trial or hearing upon oral
Fortune Corp. v. CA, January 19, 1994
examination or in response to written interrogatories
and where opportunities given for cross- PRESENT AMENDMENT

examination by the adverse party. Karon wa na. Giusa nalang.
There must be prior leave of court by filing an ex
(Mas sayon ni hinumduman) parte motion.
A deposition is an under oath statement of a witness
given outside the court before a deposition officer What is the difference between a deposition and a
designated by the court and in the presence of the judicial affidavit?
adverse party.
a.
Deposition is taken in the presence of the adverse
It could be taken after a case has been filed in court party with the opportunity to cross-examine.
or even before an action is instituted/filed, under
Rule 24. - mao na ang deposition
(Judge D: I’m talking about deposition in - mura ra nag trial, mura nag hearing
general.) But the same is held outside the court.
In both cases, there must be a prior permission from While, a judicial affidavit is taken ex parte
the court by filing an ex parte motion if a case has
already been filed in court.
b.
- di na pwede na mu diretso ka ug kuha ug
deposition, there must be a prior permission Deposition may be admitted in evidence if the
from the court. The motion shall be filed ex witness is not available to testify in court.
parte. While, a judicial affidavit cannot be admitted in
evidence if not identified by the witness.
There must be prior permission from the court either:

- by filing a mere ex parte motion, under Sec. c.
1 Rule 23, if a case has been filed in court Deposition is a mode of discovery. It is intended as a
- or by filing a petition to take deposition if means to compel disclosure of facts resting in the
there is no case yet filed in the court. (Sec. 1, knowledge of a party or other person which are
Rule 24) relevant in some suit or proceeding in court.
Depositions, and the other modes of discovery are
meant to enable a party to learn all the material
The witness whose testimony is to be taken through and relevant facts, not only known to him and his
a deposition is called a deponent. witnesses but also those known to the adverse party
and the latter's own witnesses.
(Repeat) Dasmariñas Garments, Inc v. Reyes, August 24, 1993
Leave of court is required before taking of the

deposition whether or not an answer has already Kinsa man pwede kuhaag deposition? Kinsa may
been filed. pwede mahimong deponent?
- sauna kuti Deponent mao ang taw kuhaan ug testimony.
- under the present amendment, wa nay kuti. It could be a party or a non-party.
It is simplified The adverse party pwede or a person who is not a
party. So any person, either a party or not a
PRIOR AMENDMENT deposition may be taken.
Leave of court has to be secured if there is no Santamaria v. Cleary, June 15, 2016
answer yet
- kung wala pa gani answer, leave of court is Pwede ba that a party, for example the plaintiff, may
required, pero if nanay answer, leave of file a motion in court for the taking of his own
court is not anymore necessary deposition? Pwede ba siya mismo?
YES. Pwede.

Because the rules say, Sec. 1, any person whether a

party or not. The rules did not say that it would only Ingon ang SC, no, dili na. Trial of a case is not a card
be the adverse party. Any party, including the party game. The parties should lay all their cards on the
who files the motion for the taking of the deposition. table. Di na nimo tago-taguon.
Santamaria v. Cleary, June 15, 2016
Mao ng giapply nana ron sa amendments.

Deposition are classified into:
- deposition upon oral examination and Unsa may rationale ana nganung pugson man jud
- deposition upon written interrogatories. ang pikas nga ipabisto jud unsa iyang ebidensya?
Aron mapugos siya ug enter ug compromise
agreement.
It could also be classified into: Nahibaw-an naman na imong ebidensya, nahibaw-

an na imong bulletin(?) (billiard), surrender nalang,
- deposition pending action, or otherwise enter nalang into compromise.
know as deposition de bene esse, and
- deposition before action or pending appeal,
or otherwise known as deposition in That would encourage the parties to enter into a
perpetuam rei memoriam (Latin) compromise.
Deposition may be classified into: There is no rule that limits deposition taking during
the pre-trial or before it. There is no prohibition exists
- deposition upon oral examination. and against the taking of deposition after pre-trial or
- deposition upon written interrogatories. during the trial.
Pajarillaga v.CA, October 31, 2008
Usually, deposition is taken through oral examination
because it is similar to the taking of testimony in Deposition can be a mode of discovery before trial.
court. However, under certain conditions and for certain
limited purposes, it may also be taken even after trial
The court shall encourage or should encourage the has commenced and may be used without the
use of different modes of discovery according to the deponent being actually called to the witness
SC since the knowledge of the evidence of the stand. In fine, the taking of the witnesses’ testimonies
adverse party may facilitate an amicable through deposition, in lieu of their actual presence
settlement or expedite the trial of the case. But at the trial may be allowed.
again, resort thereto is not mandatory. Santamaria v. Cleary, June 15, 2016
Kanus-a man pwede iavail ang deposition? Should READ the case of Santamaria v. Cleary, June 15,
it be before pre-trial? Should it be during pre-trial? 2016 -to enhance your knowledge on deposition.
Or, could it be taken during the trial?
According to the SC, there is no rule that limits Kining kasoha, foreigner ni sya unya maglisod na
deposition taking during the period of pre-trial or siyag ari diri sa PH, maglisod syag ari para pag-
before it. No prohibition exists against the taking of (naputol), ni file man gud ni siyag kaso, mag lisod
deposition after pre-trial. siyag ari. So mi ingon siya, “I want that a deposition
- in other words, deposition on a witness could be taken on me. I want that my testimony be given
still be taken even during trial. through deposition.”
Mi ingon ang pinas, “Oh ka unfair ana. Patuga-tuga
But usually, kaning modes of discovery, usual jud, kag kiha unya di man diay ka ka appear sa court.
before trial. Kay modes of discovery man gud ni, Ari diri, so that we can confront you face to face.”
kana bang susihon jud ba unsa ng ebidensya nimo.
Susihon. Ang mga parties gud tago-taguan, ipaigot
aron ma surprise ang pikas.
Pwede ba deposition? You read that case of require him or her to introduce all of it which
Santamaria v. Cleary. is relevant to the part introduced, and any
party may introduce any other parts.
A non-resident corporation can be allowed to have

all its witnesses all of whom are foreigners to testify As regards the taking of depositions, Sec. 1, Rule 23
through deposition upon written interrogatories is clear, that the testimony of ANY person may be
taken outside the PH to prove an oral contract in taken by deposition upon oral examination or
order to avoid further delay. The rule does not make written interrogatories at the instance of any party.
any distinction. The right to take statements and the right to use
San Luis v. Rojas, March 3, 2008 them in court are entirely different. Utmost freedom
is allowed in taking depositions; restrictions are
imposed on their use only.
Section 4. Use of depositions. — At the trial or upon - sa ato pa wide kaayo ang coverage as
the hearing of a motion or an interlocutory regards the taking
proceeding, any part or all of a deposition, so far as
admissible under the rules of evidence, may be used - naay limitations sa use, sa pag gamit
against any party who was present or represented (Sec. 4, Rule 23)
at the taking of the deposition or who had due
notice thereof, in accordance with any one of the
following provisions: As a result, there is given the widest possible
opportunity for knowledge by both parties of all the
(a) Any deposition may be used by any party facts before the trial.
for the purpose of contradicting or Santamaria v. Cleary, June 15, 2016
impeaching the testimony of deponent as a
witness;
(b) The deposition of a party or of any one According to SC, depositions under Rules 23 and 24
who at the time of taking the deposition was are applicable only to civil cases because for
an officer, director, or managing agent of a criminal cases, it is the criminal procedure Sections
public or private corporation, partnership, or 12, 13 and 15 of Rule 119 on conditional
association which is a party may be used by examinations that will apply.
an adverse party for any purpose; - kining deposition applicable rani sa civil
(c) The deposition of a witness, whether or cases, dili ni siya mo apply sa criminal cases
not a party, may be used by any party for - kay sa criminal cases, ang tawag didto
any purpose if the court finds: (1) that the conditional examinations, dili deposition, n
witness is dead; or (2) that the witness resides atua didto sa Rule 119 Sections 12, 13, and
at a distance more than one hundred (100) 15.
kilometers from the place of trial or hearing, Manguerra v. Risos, August 28, 2008
or is out of the Philippines, unless it appears
that his or her absence was procured by the People v. Go, 677 SCRA 213
party offering the deposition; or (3) that the
witness is unable to attend or testify because There is a recent ruling of the SC.
of age, sickness, infirmity, or imprisonment; or
(4) that the party offering the deposition has
been unable to procure the attendance of Familiar ba mo anang conditional examination sa
the witness by subpoena; or (5) upon criminal cases?
application and notice, that such Me: HA? NANI? Hahahahah
exceptional circumstances exist as to make
it desirable, in the interest of justice and with Judge D: Naminaw ba kaha mos inyong CrimPro
due regard to the importance of presenting Me: Zzzzzz lol sorena.
the testimony of witnesses orally in open
court, to allow the deposition to be used;
and ANS:
(d) If only part of a deposition is offered in Sa criminal cases, naay counterpart didto ang
evidence by a party, the adverse party may deposition pero mas strikto didto. Diri sa civil cases,
ang deposition, ang statement sa usa ka witness
pwede ra nga adto kuhaon atubangan sa notary ------------LABYOG NASAD TA SA EVIDENCE---------------

public. Pwede ra notary public. Pwede pd Judge. -
(Me: Iyaq. T.T)
Pero sa criminal cases, strikto didto kay naa man guy
penalty, naa may priso. Diri, property raman sa civil Kana man gung sa ebidensya, importante kaayo ng
case. demeanor sa witness, giunsa niya pag sulti.
Didto sa criminal procedure, if the witness to be Demeanor ba:

subjected to conditional examination is a
prosecution witness, the taking of the conditional - gangisi-ngisi;
examination on the witness should be done before - serious bana siya;
the Judge of the court where the case is pending. - naghilak bana siya samtang ga testify
- adto jud mismo sa judge siya mo sulti
Importante kaayo na kay kung, that would affect

Unsa man gud ng conditional examination? the credibility of the witness ang iyang demeanor.
Judge D: Labyog nasad ta didto kay mag NGANGA
raba mo diha. Unya criminal case mana, duna may posibilidaad
Me: *guilty* Katag-an lage ka Judge? Hahaha nga ma priso ang accused so mao ng kinahanglan
ANS: ang Judge mismo makakita jud inig testify sa
witness.
Conditional examination, mo pareha rana syag
nature sa deposition. Ang witness ni-ini dunay
chance nga dili maka testify during trial. Masakiton Pero diri, dili ra necessary mao ng pwede ra adto
ug cancer, nanay time limit, naa nay stopwatch notary public bisag kinsa.
(HUUUY Judge, grabe sad. lol) Nya basin di na ni mu
abot sa trial, nya vital witness.
As a rule, ang Rules 23 and 24 will not apply to
criminal cases.
Or mo adtog abroad with no definite date of return,
so unsay buhaton ana. So mao ng dunay advance
trial/ advance hearing. BUT, in a case:
Judge D: Bag-o ni kaso and I’m sure mu gawas ni sa
bar, either this year (2021) or sa inyong time (2022)
Didto sa criminal case, tawag ana conditional because this is a novel issue.
examination.
Diri, tawag ana deposition.
FACTS:
Dihay kaso nga ang witness nabiktima ug illegal
PERO, mas strikto tu didto sa criminal case, nganu recruitment and has been sentenced to death in
man? Indonesia. Ang nahitabo ani mao ni:
Because if the witness who would be the subject of
a conditional examination is a prosecution witness,
the taking of his testimony should be done before Mary Jane was recruited as a domestic helper in
the Judge himself. Malaysia.
- girecruit siya nga himuong DH sa Malaysia
PURPOSE - nagpangita lage siya ug trabaho so

mitando siya nga mu sugot siya nga mag DH
The purpose is for the Judge to observe the
demeanor of the witness. She was recruited by Cristina and Julius so ang ngan
sa gi recruit, Mary Jane and she was brought to
- aron makakita jud ang judge kung giunsa Malaysia. When she reached to Malaysia, she was
pagsulti informed by her recruiters that the job was no longer
available.

- katong trabaho na iya untang sudlan, The trial court required the prosecution to reduce
nasudlan na. into writing the questions to be propounded on Mary
So giingnan siya, “You just wait for a week, mga 1 Jane, and a copy thereof should be given to the
week tingali, there would be another vacancy. In accused who would be given a time to go over and
the meantime, just go for a holiday in Indonesia.” object. And after the objection, the court has to rule
and those questions that will be allowed shall be
- adto sa didto, pag suroy-suroy sa Indonesia propounded on Mary Jane by the consul or his
- pasuroy-suroyon siya sa Indonesia representative in Indonesia. And the judge shall be
Suroy-suroy na gud na so, she agreed. She was there.
provided with plane ticket and with luggage. Pag - so ang consul didto ang mangutana
abot niya sa Malaysia, at the airport, she was - mo adto ang Judge in order to listen to the
apprehended and when the luggage was answers of Mary Jane
inspected, there were kilos of heroin inside. She was
arrested and later on, she was sentenced by firing The answers of Mary Jane shall be recorded and
squad in Indonesia. In the meantime, her recruiters transcribed verbatim. Word for word.
were charged in court for illegal recruitment and - so unsa iyang mga answers kada question,
estafa. shall be recorded and transcribed word for
word.
Few hours before she was about to be killed by firing After that, the record/transcript of the answers of
squad upon the request of the PH government, the Mary Jane shall be given to the accused for him to
President of Indonesia ordered the suspension of the prepare cross interrogatories or cross examinations.
firing squad on Mary Jane upon the request of the Then the cross examinations of the accused shall be
PH government because she would be used as a reviewed by the prosecution, and the prosecution
witness in that illegal recruitment case filed against will be given time to raise objections. And then the
her recruiters. court has to rule on the objections and the judge
now has to go back again to Indonesia for Mary
- so gihangyo siya sa atung gobyerno na, Jane to answers those questions on cross
“Ayaw sa patya intawn, ayaw sa na siyag examination. The same procedure. It would be the
patya kay himuon namog witness. consul or his representative who would propound
Tingali, out of respect, misugot ang President sa the question. Then after that, there would be
Indonesia pero on condition na adto ra gyud didto redirect and recross. The same procedure.
siya pangutan-on. The examination shall be done
inside her prison and no lawyers are allowed.
The SC sustain/affirm the ruling of the trial court.
Ingon ang SC, ang naa sa criminal procedure kana
Aside from the fact nga Mary Jane shall remain her rang masakit ang witness ug kung mu lakaw ang
detention in Indonesia, no camera shall be allowed. witness, wala man diha gibutang ang sitwasyon nga
The lawyers are not allowed. The questions to be gi priso ang witness. Wala gibutang. So wala may
propounded on Mary Jane shall be in writing. applicable provision, ingon ang SC, iallow ang
taking of deposition but subject to the conditions
laid down by the trial court.
Ari ta diri sa PH. The prosecution in that illegal
recruitment and estafa cases filed a motion for the People v. Sergio, October 9, 2019
taking of the deposition on Mary Jane. The accused,
of course, object because under existing According to the SC, the rules on criminal procedure
jurisprudence, the rules on deposition do not apply does not state how a deposition, of a prosecution
to criminal case because of the right of the accused witness who is at the same time convicted of a
to confront face to face on the witnesses against grave offense by final judgment and imprison in a
him or against them. foreign country, may be taken to perpetuate the
testimony of such witness. The Rules are silent as to
The trial court granted the motion but with certain how to take a testimony of a witness who is unable
conditions. Mao ning mga conditions sa trial court: to testify in open court because he is imprisoned in
another country.
1. the accused should be given time to object
to the proposed questions to be
propounded on Mary Jane;
Depositions, however, are recognized under Rule 23 - so pareha rajud ug sa court, examination
of the Rules of Court. Although the rule on deposition sac court
by written interrogatories is inscribed under the said - ang kalahi lang, because it is done outside
Rule, the Court holds that it may be applied the court
suppletorily in criminal proceedings so long as there
is compelling reason. - dunay direct examination,
- mao na ang katarungan sa SC - duna puy cross examination by the adverse

party kay naa man ang counsel sa adverse
party, pwde man siya makapangutana
And according to the SC, the fact that witness is So the adverse party cannot say that he is deprived
imprisoned and could not appear personally in of his right to cross examination.
court to testify is a compelling reason.
Section 4. Use of depositions. — At the trial or upon

True, the accused have no opportunity to confront
the hearing of a motion or an interlocutory
the witness face to face in light of the prevailing
proceeding, any part or all of a deposition, so far as
circumstances. However, the terms and conditions
admissible under the rules of evidence, may be used
laid down by the trial court ensure that they are
against any party who was present or represented
given ample opportunity to cross-examine Mary
at the taking of the deposition or who had due
Jane by way of written interrogatories so as not to
notice thereof, in accordance with any one of the
defeat their right to cross examination.
following provisions:
People v. Sergio, October 9, 2019
(a) Any deposition may be used by any party
for the purpose of contradicting or
Section 2. Scope of examination. — Unless otherwise impeaching the testimony of deponent as a
ordered by the court as provided by section 16 or 18 witness;
of this Rule, the deponent may be examined (b) The deposition of a party or of any one
regarding any matter, not privileged, which is who at the time of taking the deposition was
relevant to the subject of the pending action, an officer, director, or managing agent of a
whether relating to the claim or defense of any other public or private corporation, partnership, or
party, including the existence, description, nature, association which is a party may be used by
custody, condition, and location of any books, an adverse party for any purpose;
documents, or other tangible things and the identity
(c) The deposition of a witness, whether or
and location of persons having knowledge of
not a party, may be used by any party for
relevant facts. (2, R24)
any purpose if the court finds: (1) that the
Section 3. Examination and cross-examination. — witness is dead; or (2) that the witness resides
Examination and cross-examination of deponents at a distance more than one hundred (100)
may proceed as permitted at the trial under sections kilometers from the place of trial or hearing,
3 to 18 of Rule 132. (3a, R24) or is out of the Philippines, unless it appears
Wide, broad kaayo ang scope, as long as it is not that his or her absence was procured by the
privileged. As long as it is not confidential. party offering the deposition; or (3) that the
witness is unable to attend or testify because
of age, sickness, infirmity, or imprisonment; or
It says any matter, not privileged, as long as the (4) that the party offering the deposition has
same is relevant to the subject of the pending been unable to procure the attendance of
action, whether relating to the claim or defense. the witness by subpoena; or (5) upon
application and notice, that such
exceptional circumstances exist as to make
There are only 2 limitations:
it desirable, in the interest of justice and with
- privileged matters; and due regard to the importance of presenting
- prohibited matters under Sec. 16. the testimony of witnesses orally in open
court, to allow the deposition to be used;
and
There shall be examination and cross examination of
(d) If only part of a deposition is offered in
deponents.
evidence by a party, the adverse party may
require him or her to introduce all of it which

is relevant to the part introduced, and any Exception to the rule ni.
party may introduce any other parts.
Kung katong deponent kontra tu, ang katong
iyahang testimony during deposition pwede
The scope has broad/wide coverage. maagamit nga ebidensya.
Unsa gani tung limitations? Naglibog ka? Pangutan-on tika. (ay hala how di yoi
know, Judge?)
Privileged matters and prohibited matters. Mao ra
ang prohibitions sa scope, but the use now, sa
iyahang gamit sa deposition, limited. Kung ang plaintiff mo present ug ebidensya, pwede
ba nga usa sa iyahang mga witnesses, ang
defendant mismo?
TN: Deposition of the witness cannot be used as
substitute for his open court testimony. If the witness Pwede ba iyang kontra himuon niyag witness?
is available to testify in court, he should testify in Pwede?
court. His deposition would be inadmissible, if the Judge D: Karon pamo kadungog anang maong
witness is available. pangutana?
Me: *krooo* *krooo*
Kana man gung deposition, pamasin raman gud na Or ang defendant, pwede ba nga katong kihante
basig di available ang witness. Kay basin mamatay himuon niyag witness?
nana sa sakit, basin mu adto nana ug abroad unya
ANS:
dili na hinuon na ka testify. Pero kung available siya
during trial, he should be presented in court to testify. YES! If a party has caused the taking of a deposition
Otherwise, his deposition would be inadmissible. on the adverse party, bisan present pa ang adverse
party, ang katong iyang deposition pwede
himuong ebidensya. It can be introduced as
Unsa may gamit diha sa depostiton, mao ni sya ang evidence.
Section 4.
1. Any deposition may be used by any party for the
That is an exception to the rule kay atong sulti
purpose of contradicting or impeaching the
kaniha, basta present nag witness, ang kato iyang
testimony of deponent as a witness;
deposition dili pwede mahimong ebidensya. Ang
gamit atu, gamiton ratu pag impeach/discredit sa
If the witness is available, he should testify. iyang testimony.
If the witness would testify, what would be now the 3. (Mao nani ang gamit jud, tinud-anay na gamit
use of this deposition? sa deposition)
- under oath baya tu
ANS: The deposition of a witness, whether a party, or
not, may be used by any party-
The testimony of the witness can be used to
impeached, to discredit his testimony. Kung duna - unsa manang “may be used by ANY party”?
gani discrepancy sa iyahang deposition ug sa - so, it is not necessary that the party who
iyahang open court testimony, the deposition can cause the taking of the deposition of the
be used to discredit his testimony. witness would have an exclusive use of the
- mao na siyay usa sa gamit sa iyahang deposition of the witness.
deposition  he does not have the exclusive use
 the adverse party may also use it;
2. The deposition of a party or of any one who at may also introduce it as evidence.
the time of taking of the deposition was an
officer, etc which is a party may be used by an
In what instances? Sa letter c mao ni:
adverse party for any purpose.

1) when the witness is already dead; Depositions are principally made available to the
- mao ni tinud-anay na gamit sa parties as a means of informing themselves of all the
deposition relevant facts. They are not meant to be a substitute
of the actual testimony in open court of a party or
- if the witness could not anymore testify in witness. The deponent must be presented for oral
court because the witness is already examination in open court at the trial pursuant to
dead, namatay gyud Sec. 1, Rule 132 of the ROC.
- mao tuy hinungdan gikwaan siyag
deposition.
(Mao ni giingon ganiha kung available ang witness,
2) when the witness resides at a distance of he should be presented.)
more than one hundred (100) kilometers
Any deposition offered to prove the facts therein set
- unsa tuy ngan sa maong right? out during trial or hearing, in lieu of the actual oral
3) that the witness is unable to attend or testify testimony of the deponent, may be opposed and
because of age, sickness, infirmity, or excluded on the ground that it is hearsay; the party
imprisonment; against whom it is offered has no opportunity to
- buhi pa tinuoda pero di man ka testigos cross-examine the deponent at the time that his
testimony is offered.
- tungod sa sakit, di na kalakaw.
- Nasakit ug covid, unsaon mana testigon
na nimo? Or napriso. So, pwede. However, depositions may be used without the
deponent being actually called to the witness stand
by the proponent, under certain conditions and for
4. that the party offering the deposition has certain limited purposes. These exceptional
been unable to procure the attendance of situations are governed by Section 4, Rule 236g of
the witness by subpoena; or the Rules of Court.
San Luis v. Rojas, March 3, 2008
5. upon application and notice, that such
exceptional circumstances as to make it If the deponent is available to testify, his deposition
desirable, in the interest of justice and with cannot be used in lieu of his open court testimony
due regard to the importance of presenting but it can be used to impeached his testimony.
the testimony of witnesses orally in open
court, to allow the deposition to be used; Sy-Quia v. CA, November 25, 1983
For example, If the witness is not available, any party may use his
testimony as testimonial evidence in lieu of his open
Ang witness tua sa gawas sa nasod, pwede ba court testimony.
deposition gamiton?
YES, because he is living more than 100km away. So
pwede deposition. His testimony would be taken The deposition can be used in lieu of the open court
through deposition. Pwede. testimony of the witness if he resides more than
100km from the place of hearing or trial, or is out of
Santamaria v. Cleary, June 15, 2016 the PH.
- kaning more than 100km away, ang
if only part of the deposition is offered in evidence reason ani distance.
by a party, the adverse party may require her or him - it is not necessary na masakiton ang siya
to introduce all of it which is relevant for the part it - ang kanang iyang pagka masakiton,
produced, and any party may introduce the other that is another ground
parts.
TN: (Repeat)
Take note on the use of the deposition of a witness.
The deposition can be used in lieu of the open court
testimony of the witness if he resides more than
100km from the place of trial or hearing, or is out of

the country. It is not required/necessary that the Me: Dako nig sweldo Judge? :D
deponent should be suffering from any ailment,
physical or otherwise, before his deposition can be
used as his testimony. Section 7. Effect of taking depositions. — A party
shall not be deemed to make a person his or
Santamaria v. Cleary, June 15, 2016
her own witness for any purpose by taking his or
her deposition.
Section 5. Effect of substitution of parties. — Section 8. Effect of using depositions. — The
Substitution of parties does not affect the right to use introduction in evidence of the deposition or any
depositions previously taken; and, when an action part thereof for any purpose other than that of
has been dismissed and another action involving contradicting or impeaching the deponent makes
the same subject is afterward brought between the the deponent the witness of the party introducing
same parties or their representatives or successors in the deposition, but this shall not apply to the use by
interest, all depositions lawfully taken and duly filed an adverse party of a deposition as described in
in the former action may be used in the latter as if paragraph (b) of section 4 of this Rule. (8, R24)
originally taken therefor. (5, R24)
The fact that a party ask for the taking of a
What happened if there is substitution of parties? deposition on a certain person or on a witness does
The substitution of the parties does not affect the not automatically make the witness whose
right to use the deposition previously taken. deposition is taken as his witness.
- dili automatic
Section 6. Objections to admissibility. — Subject to

the provisions of section 29 of this Rule, objection So a party shall not be deemed to make a person
may be made at the trial or hearing, to receiving in his own witness just because he ask for the taking of
evidence any deposition or part thereof for any deposition.
reason which would require the exclusion of the
evidence if the witness were then present and
Under Sec. 8, it is only when a party would use the
testifying (6, R24)
deposition of the witness wherein that deponent
Objections to the admissibility of the witness’ would be considered as a witness of that party.
testimony should be made during the taking of the - so igo ra gni siya mo take, igo ra gani na
deposition. kwaan, dili siya obliged na gamiton
- “Aw di man diay, irrelevant man diay”
So during the taking of the deposition, the adverse
party could also object.
Pero the moment nga gamiton na niya because he
finds the deposition relevant, then that party using
For example: the deposition would now be considered as having
The testimony of the witness is hearsay, the adverse used the deponent as his witness.
party could object during the taking of the
deposition. However, the deposition officer cannot Section 9. Rebutting deposition. — At the trial or
rule on the admissibility. hearing, any party may rebut any relevant evidence
- dili sya pwede mu ingon nga “Okay, contained in a deposition whether introduced by
objection overruled.” him or her or by any other party.
- “Objection sustained.” Considering that the deponent is not considered –
- Unsa raman iyang isulti kung mu ingon The mere act of causing the taking of the deposition
ang pikas nga “Objection, your honor. of the witness does not make that person as a
Hearsay.” Unsa ra iya isulti? witness for that party.
- Noted.
Either party may present rebutting deposition.
Pwede mo rebut sa iyahang deposition sa usa ka
Judge D: Nakasuway namo ana kanang dunay mo
witness.
text nimo? Mi ingon ka na noted. Ingon ana. Pwede
naka mag deposition officer.
Section 10. Persons before whom depositions may What about if the deposition is taken abroad?
be taken within the Philippines. — Within the This time lisod ni ha, lisod-lisod ni basta adto sa
Philippines depositions may be taken before any abroad kay mangita paka adto ug PH embassy or
judge, notary public, or the person referred to in Ph consulate office kay adto didto kuhaon ang
section 14 hereof. (10a, R24) deposition.
Before whom shall the deposition be taken? Kinsa
may pwede nga mu kuha sa deposition? Or before Kung pananglitan anang lugara walay consulate
whom that the testimony of the witness be taken? office, walay embassy, asa man?
In a foreign country, depositions may be taken:
TN: You have to distinguish whether the taking of the - before a secretary of embassy or legation,
deposition is within the PH or abroad. consul general, consul, vice-consul, or
consular agent of the Republic of the
If the taking is done within the PH, who are the Philippines,
persons allowed to take depositions? - before such person or officer as may be
Look at Sec. 10, we have: appointed or authorized by commission or
under letters rogatory;
- Notary public
 “before such officer as may be
- Any judge, not necessarily the judge
appointed by commission”
where the deposition is to be introduced
as evidence  meaning, on order of the court
- Any person authorized to administer  so pwede notary public didto if there
oath, and the parties agree that the is a court order
taking of the deposition may be done
before him
Section 12. Commission or letters rogatory. — A
commission or letters rogatory shall be issued only
- although, ang usual jud ana notary when necessary or convenient, on application and
public, daghan man gud na sila; kung ari notice, and on such terms, and with such direction
pud ka sa judge, busy kaayo as are just and appropriate. Officers may be
designated in notices or commissions either by
- pero naa say unusual, any person
name or descriptive title and letters rogatory may be
authorized to administer oath
addressed to the appropriate judicial authority in
the foreign country. (12a, R24)
Duna pa bay mga taw na authorized to administer
oath nga dili notary public?
BarQ
NAA. Kana diayng:
Unsa manang letters rogatory? What do you mean
- barangay captain, pwede mana maka by letters rogatory?
administer ug oath.
ANS:
- Mayor pwede mana
Letters rogatory is a request to a foreign country to
Pwede didto kung kana mag kasinabot sila ang give help to secure a desired information. If the
mga parties. request is entertained by a foreign country, the
methods of procedure to be followed are those of
the foreign tribunal.
Section 11. Persons before whom depositions may
be taken in foreign countries. — In a foreign state or
country, depositions may be taken (a) on notice Kani sya ng letters rogatory, this is simply a request
before a secretary of embassy or legation, consul made by the court here to its counterpart, to a court
general, consul, vice-consul, or consular agent of in a foreign country, asking for assistance for the
the Republic of the Philippines, (b) before such taking of the deposition of the witness.
person or officer as may be appointed by
- Igo ra nanghangyo ang korte diri,
commission or under letters rogatory; or (c) the
gihangyo ang korte didto nga, “Palihug
person referred to in section 14 hereof. (11a, R24)
tabngi mi aning pagkuha ug testimony
aning maong witness. Wala man gud mi Sec. 13 tells us the disqualification of a deposition
consulate office diha, wa mi embassy. officer. If he is a:
- request rajud na - relative within the 6th degree of
consanguinity or affinity of any of the
parties, or of the counsel
If ever granted, if the request is accepted, the
procedures of the taking of the deposition would be - or if he is financially interested in the
that of the foreign country. case, he is disqualified from being a
deposition officer
- Ilaha maoy sundon, dili ang atu.
Section 14. Stipulations regarding taking of

Unsa may exchange ra ana?
depositions. — If the parties so stipulate in writing,
Ibutang rana didto sa letter pakapinan, “we will depositions may be taken before any person
return the favor.” “Kung kamo nasay mu hangyo diri authorized to administer oaths, at any time or place,
namo, okay ra.” Mao ranay ibutang didto. in accordance with these Rules and when so taken
may be used like other depositions. (14a, R24)
It is a request with a promise to return the favor. The parties may agree that deposition may be taken
before any person authorized to administer oath.
Dulay v. Dulay, November 11, 2005 - unusual ni
Letters rogatory is resorted to when there is difficulty Section 15. Deposition upon oral examination;
of obtaining the deposition of the witness before the notice; time and place. — A party desiring to take
embassy or consul, such as there is no consulate the deposition of any person upon oral examination
office in the place. shall give reasonable notice in writing to every other
party to the action. The notice shall state the time
and place for taking the deposition and the name
Dulay v. Dulay, November 11, 2005 and address of each person to be examined, if
Regarding the distinction between the commission known, and if the name is not known, a general
and letters rogatory. description sufficient to identify him or her or the
particular class or group to which he belongs. On
A commission is an instrument or document issued
motion of any party upon whom the notice is served,
by a court, or other competent tribunal, directed to
the court may for cause shown enlarge or shorten
a magistrate by his official designation or to an
the time.
individual by his name, authorizing him to take the
depositions of the witnesses named therein, while a This is about the place, time, as well as the notice,
letter rogatory is a request to a foreign court, such as on the taking of the deposition. Of course, the
to its clerk of court, to give its aid to secure desired adverse party should be notified regarding the
information or deposition. taking of the deposition, the place and the time.
Commissions are taken in accordance with the rules Section 16. Orders for the protection of parties and
laid down by the requesting/issuing court, while in deponents. — After notice is served for taking a
letters rogatory, the methods of procedure in taking deposition by oral examination, upon motion
the deposition are under the control of the foreign seasonably made by any party or by the person to
tribunal. be examined and for good cause shown, the court
in which the action is pending may make an order
that the deposition shall not be taken, or that it may
Section 13. Disqualification by interest. — No be taken only at some designated place other than
deposition shall be taken before a person who is a that stated in the notice, or that it may be taken only
relative within the sixth degree of consanguinity or on written interrogatories, or that certain matters
affinity, or employee or counsel of any of the parties, shall not be inquired into, or that the scope of the
or who is a relative within the same degree, or examination shall be held with no one present
employee of such counsel; or who is financially except the parties to the action and their officers or
interested in the action. (13a, R24) counsel, or that after being sealed the deposition

shall be opened only by order of the court, or that or to the evidence presented, or to the conduct of
secret processes, developments, or research need any party, and any other objection to the
not be disclosed, or that the parties shall proceedings, shall be noted by the officer upon the
simultaneously file specified documents or deposition. Evidence objected to shall be taken
information enclosed in sealed envelopes to be subject to the objections. In lieu of participating in
opened as directed by the court or the court may the oral examination, parties served with notice of
make any other order which justice requires to taking a deposition may transmit written
protect the party or witness from annoyance, interrogatories to the officers, who shall propound
embarrassment, or oppression. (16a, R24) them to the witness and record the
answers verbatim.
During the taking of the deposition, the court may
issue orders on the limitation or giving limits on the (Mao ni giingon daw ni Judge)
taking of the deposition for the protection of the
deponent/s as well as of the parties.
During the taking of the deposition, the adverse
party or the adverse counsel can raise objections.
What are these limitations that may be included in The witness shall be put under oath and his testimony
the order? shall be recorded.
1) that the deposition shall not be taken, - ang procedure pareho rajud na sa
2) that the deposition be taken only at a setting didto sa court
certain designated place - mangutana ang lawyer, mu conduct ug
3) that the deposition may be taken only direct examination unya mu object ang
through written interrogatories pikas
4) that certain matters shall not be inquired into - TN: kinahanglan mo object sya kay kung
di sya mo object deemed waive
- AND other matters, just a matter of reading..

Pero iyang objection:
the deposition officer has no right or power to rule
5) that the scope of the examination shall be on the objection but could only take note on the
held with no other officers or counsel objections.
6) that after being sealed the deposition shall
be opened only by order of the court
Section 18. Motion to terminate or limit examination.
7) that secret processes, developments, or
— At any time during the taking of the deposition,
research need not be disclosed
on motion or petition of any party or of the
8) that the parties shall simultaneously file deponent, and upon a showing that the
specified documents or information examination is being conducted in bad faith or in
enclosed in sealed envelopes to be opened such manner as unreasonably to annoy, embarrass,
as directed by the court or or oppress the deponent or party, the court in which
9) the court may make any other order which the action is pending or the Regional Trial Court of
justice requires to protect the party or witness the place where the deposition is being taken may
from annoyance, embarrassment, or order the officer conducting the examination to
oppression cease forthwith from taking the deposition, or may
limit the scope and manner of the taking of the
deposition, as provided in section 16 of this Rule. If
Section 17. Record of examination; oath; the order made terminates the examination, it shall
objections. — The officer before whom the be resumed thereafter only upon the order of the
deposition is to be taken shall put the witness on court in which the action is pending. Upon demand
oath and shall personally, or by some one acting of the objecting party or deponent, the taking of the
under his or her direction and in his or her presence, deposition shall be suspended for the time
record the testimony of the witness. The testimony necessary to make a notice for an order. In granting
shall be taken stenographically unless the parties or refusing such order, the court may impose upon
agree otherwise. All objections made at the time of either party or upon the witness the requirement to
the examination to the qualifications of the officer pay such costs or expenses as the court may deem
taking the deposition, or to the manner of taking it, reasonable. (18a, R24)
DURING the actual taking, any of the parties may

also move to terminate the examination or to limit Transcript of the testimony of the witness shall be
the examination. submitted to the court and the parties shall be
notified that the testimony of the witness is already
submitted to the court.
Section 19. Submission to witness; changes;
signing. — When the testimony is fully transcribed,
the deposition shall be submitted to the witness for If they want to secure a copy then they have to pay
examination and shall be read to or by him or her, for the expense pag reproduce.
unless such examination and reading are waived by
the witness and by the parties. Any changes in form
or substance which the witness desires to make shall Section 23. Failure to attend of party giving
be entered upon the deposition by the officer with notice. — If the party giving the notice of the taking
a statement of the reasons given by the witness for of a deposition fails to attend and proceed
making them. The deposition shall Page 30 of 43 therewith and another attends in person or by
then be signed by the witness, unless the parties by counsel pursuant to the notice, the court may order
stipulation waive the signing or the witness is ill or the party giving the notice to pay such other party
cannot be found or refuses to sign. If the deposition the amount of the reasonable expenses incurred by
is not signed by the witness, the officer shall sign it him or her and his or her counsel in so attending,
and state on the record the fact of the waiver or of including reasonable attorney's fees.
the illness or absence of the witness or the fact of the Section 24. Failure of party giving notice to serve
refusal to sign together with the reason given subpoena. — If the party giving the notice of the
therefor, if any, and the deposition may then be taking of a deposition of a witness fails to serve a
used as fully as though signed, unless on a motion to subpoena upon him or her and the witness because
suppress under Section 29(f) of this Rule, the court of such failure does not attend, and if another party
holds that the reasons given for the refusal to sign attends in person or by counsel because he or
require rejection of the deposition in whole or in part. she expects the deposition of that witness to be
Section 21. Notice of filing. — The officer taking the taken, the court may order the party giving the
deposition shall give prompt notice of its filing to all notice to pay such other party the amount of the
the parties. (21, R24) reasonable expenses incurred by him or her and
Section 22. Furnishing copies. — Upon payment of his or her counsel in so attending, including
reasonable charges therefor, the officer shall furnish reasonable attorney's fees.
a copy of the deposition to any party or to the Section 23 is about the penalty.
deponent. (22, R24)
If a party who caused for the taking of the

AFTER taking of the deposition, the testimony of the deposition fails to attend, tua didto ang pikas, he
witness shall be transcribed. Then, the same shall be might be penalized.
presented to the witness and he shall be allowed to - siyay miiingon na dunay deposition
read the same and shall be required to sign taking pero wa siya mo adto
- unsa may pasabot anang transcribed?
Suwaton, type-pon
He might be required to reimburse the expenses
incurred by the adverse party, particularly the
Kung pananglitan di siya mo pirma? lawyers fee.
Kung dili siya mo pirma, then it shall be stated on the
record why is it that he refuses to sign or why he fails Pero kung didto siya pero ang witness wa mu tunga
to sign. because there was no subpoena issued to the
- wa ba kaha sya ka pirma kay paghuman witness, mao gihapon, the same. That is under
sa/ right after sa deposition/ right after of Section 24.
the taking, nasakit siya.
----------B R E A K-----------------------
The reason for the refusal or the failure of the witness
to sign the transcript shall be stated.
or to give the adverse party the opportunity to cross-

examine without the need to fly to the foreign
Section 25. Deposition upon written interrogatories;
country. Sta. Maria vs klire june 5 2016
service of notice and of interrogatories. — A party
desiring to take the deposition of any person upon In another case, according to the SC: the allowance
written interrogatories shall serve them upon every of the deposition cannot be said to have cause any
other party with a notice stating the name and prejudice to the adverse party because the adverse
address of the person who is to answer them and the party is given the opportunity to cross examine the
name or descriptive title and address of the officer witnesses thru cross interrogatories which will be
before whom the deposition is to be taken. Within return answered by the deponents. Dulay vs Dulay
ten (10) calendar days thereafter, a party so served and san luiz vs roxas
may serve cross-interrogatories upon the party Same procedure sa deposition thru oral
proposing to take the deposition. Within five examination, there shall be a deposition officer and
(5) calendar days thereafter the latter may serve re- the DO shall be the one or will propound to the
direct interrogatories upon a party who has served witness the questions.
cross-interrogatories. Within three (3) calendar days
There shall be notice as to the place and time of
after being served with re-direct interrogatories, a
taking.
party may serve recross-interrogatories upon the
party proposing to take the deposition. After the taking, the DO shall submit to the court the
answer of the witness
This is other way of taking deposition of a witness-
deposition by means of written interrogatories or The court can also issue the protection orders or
deposition upon written interrogatories orders for the protection of the parties and counsel
under sec 16 and 18.
Unsay diff sa oral examination?
- Mao ra na cla but ang oral gi storya while
ang written gisulat, ang mga questions and Section 26. Officers to take responses and prepare
answer sa witness gi write. record. — A copy of the notice and copies of all
interrogatories served shall be delivered by the party
The cross-examination of the adverse party is also in
taking the deposition to the officer designated in the
writing instead of given orally.
notice, who shall proceed promptly, in the manner
Written interrogatories a copy of which shall be provided by Sections 17, 19 and 20 of this Rule, to
served to the adverse party then after 10 days the take the testimony of the witness in response to the
other party may served cross interrogatories. interrogatories and to prepare, certify, and file or
Within 5 days- direct interrogatories then other party mail the deposition, attaching thereto the copy of
then within 3 days the other party may serve recross- the notice and the interrogatories received by
interrogatories. him or her.
Mura ra gyud ug naa sa corut although the only diff Section 27. Notice of filing and furnishing copies. —
is that the Qs and Ans are done in writing. When a deposition upon interrogatories is filed, the
officer taking it shall promptly give notice thereof to
When ni usually buhaton? Kay usually I use kay oral
all the parties, and may furnish copies to them or to
examination man since duol2x sa proceedings sa
the deponent upon payment of reasonable
court.
charges therefor. (27, R24)
- deposition by means of WI gamit ni cya if the
Section 28. Order for the protection of parties and
witness is residing abroad. Just imagine if the
deponents. — After the service of the interrogatories
depo is taken by oral examination so
and prior to the taking of the testimony of the
muadto ang parties ug counsel sa abroad
deponent, the court in which the action is pending,
dako kay gasto so instead of going there, I
on motion promptly made by a party or a
written interrogatories nlng.
deponent, and for good cause shown, may make
SC: neither the presiding judge nor the parties can any order specified in sections 15, 16 and 18 of this
personally examine and observe the conduct the Rule which is appropriate and just or an order that
deponent does not justify the denial on the right to the deposition shall not be taken before the officer
take deposition .this objection is common to all designated in the notice or that it shall not be taken
deposition. Allowing this reason will render nugatory except upon oral examination. (28a, R24)
the provisions of the rules of court that allows the
Section 29. Effect of errors and irregularities in
taking of the deposition. A party may agree on
depositions. —
taking deposition by written interrogatories to afford
As what we have said earlier whatever irregularity or prepared, signed, certified, sealed,
errors in the same being objected to at the time of indorsed, transmitted, filed, or otherwise
the taking bec if not the objected may be dealt with by the officer under sections 17,
considered waived. Look at sec 29 if not objected. 19, 20 and 26 of this Rule are waived unless a
motion to suppress the deposition or some
a) As to notice. — All errors and irregularities
part thereof is made with reasonable
in the notice for taking a deposition are
promptness after such defect is, or with due
waived unless written objection is promptly
diligence might have been, ascertained.
served upon the party giving the notice.
(29a, R24)
(b) As to disqualification of officer. —
Objection to taking a deposition because of Sec 23 is about deposition after the filing of the case
disqualification of the officer before whom it in court wihile sec 24 the tlking of deposition before
is to be taken is waived unless made before the filing of the action
the taking of the deposition begins or as soon Ex: P while he is still securing documents to support
thereafter as the disqualification becomes his case for the filing of a civil case labina karun na
known or could be discovered with sa ako ikasulti ganina na murag way gsmit ang
reasonable diligence. mode of discovery tungod sa requirement na ng file
sa kaso need na complete ang evidence, during
Ex: the deposition officer is a relative of one of the
pre-trial pede I pa rserve btaw but ipa describe.
parties up to 6 degree of C/A, if there is no objection
then waived. But sa sec 24 gamit ni, ex: si P busy pa ug secure ug
documents but later was diagnosed with cancer, so
But as regards to the competency of evidence, the
unsa may buhaton nya basin mamatay na cya and
same is not considered waived.
di kaabot during trial. Igo ra nya maka file sa kaso
(c) As to competency or relevancy of and di na kaabot?
evidence. — Objections to the competency
- file a petition to take depostion (not a mere
of witness or the competency, relevancy, or
motion bec when we say motion that
materiality of testimony are not waived by
presupposes a pendency of a case) if
failure to make them before or during the
muingon na wa pay kaso there has to be a
taking of the deposition, unless the ground,
petition to take deposition. File ug kaso for
of the objection is one which might have
the taking of his own deposition.
been obviated or removed if presented at
that time. What if di cya ang nasakit but ang iyang vital
witness mooy masakition? Unsay buhation?
(d) As to oral examination and other
particulars. — Errors and irregularities - same bcin unya iyang witness di na kaabot
occurring at the oral examination in the during presentation of evidence or if iyang
manner of taking the deposition in the form witness is going abroad without definite date
of the questions or answers, in the oath or of return.
affirmation, or in the conduct of the parties
and errors of any kind which might be
RULE 24
obviated, removed, or cured if promptly
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
prosecuted, are waived unless reasonable
objection thereto is made at the taking of Section 1. Depositions before action; petition. — A
the deposition. person who desires to perpetuate his or her own
testimony or that of another person regarding any
(e) As to form of written interrogatories. —
matter that may be cognizable in any court of the
Objections to the form of written
Philippines, may file a verified petition in the court of
interrogatories submitted under Sections 25
the place of the residence of any expected adverse
and 26 of this Rule are waived unless served
party.
in writing upon the party propounding them
within the time allowed for serving - File a petition to take deposition
succeeding cross or other interrogatories
Section 2. Contents of petition. — The petition shall
and within three (3) calendar days after
be entitled in the name of the petitioner and shall
service of the last interrogatories authorized.
show: (a) that the petitioner expects to be a party
(f) As to manner of preparation. — Errors and to an action in a court of the Philippines but is
irregularities in the manner in which the presently unable to bring it or cause it to be brought;
testimony is transcribed or the deposition is
(b) the subject matter of the expected action and refer to the court in which the petition for such
his or her interest therein; (c) the facts which he or deposition was filed. (5a, R134)
she desires to establish by the proposed testimony Section 6. Use of deposition. — If a deposition to
and his or her reasons for desiring to perpetuate it; perpetuate testimony is taken under this Rule, or if,
(d) the names or a description of the persons he or although not so taken, it would be admissible in
she expects will be adverse parties and their evidence, it may be used in any action involving the
addresses so far as known; and (e) the names and same subject matter sub-sequently brought in
addresses of the persons to be examined and the accordance with the provisions of sections 4 and 5
substance of the testimony which he or she expects of Rule 23. (6a, R134)
to elicit from each, and shall ask for an order
authorizing the petitioner to take the depositions of
the persons to be examined named in the petition Section 7. Depositions pending appeal. — If an
for the purpose of perpetuating their testimony. appeal has been taken from a judgment of a court,
including the Court of Appeals in proper cases, or
Cya may mu furnish ug copy sa iyang petition not
before the taking of an appeal if the time therefor
the court.
has not expired, the court in which the judgment
If the court is satisfied or finds merit to the petition was rendered may allow the taking of depositions of
then the court shall grant the relief/ remedy being witnesses to perpetuate their testimony for use in the
asked. event of further proceedings in the said court. In
The deposition shall be taken upon oral examination such case the party who desires to perpetuate the
or written interrogatories. The same rule sa rule 23 testimony may make a motion in the said court for
regarding the use of deposition. leave to take the depositions, upon the same notice
and service thereof as if the action was pending
BUT if the witness is available during the presentation
therein. The motion shall state (a) the names and
of evidence, he has to testify.
addresses of the persons to be examined and the
Unsay gamit sa iya disposition if naa cya? substance of the testimony which he or she expects
- the same could be used to discredit or to elicit from each; and (b) the reason for
impeach his testimony. perpetuating their testimony. If the court finds that
the perpetuation of the testimony is proper to avoid
Section 3. Notice and service. — The petitioner shall
a failure or delay of justice, it may make an order
serve a notice upon each person named in the
allowing the depositions to be taken, and thereupon
petition as an expected adverse party, together
the depositions may be taken and used in the same
with a copy of the petition, stating that the petitioner
manner and under the same conditions as are
will apply to the court, at a time and place named
prescribed in these Rules for depositions taken in
therein, for the order described in the petition. At
pending actions.
least twenty (20) calendar days before the date of
the hearing, the court shall cause notice thereof to Sec 7 this is about deposition pending appeal, duna
be served on the parties and prospective pa diay presentation of evidence during appeal na
deponents in the manner provided for service of wala na man? Ngano mani?
summons. Problem:
Section 4. Order and examination. — If the court is P lost his case against B, before the decision
satisfied that the perpetuation of the testimony may became final, P filed a material witness which he did
prevent a failure or delay of justice, it shall make an not file during the presentation of evidence. The
order designating or describing the persons whose testimony of the witness is considered a newly
deposition may be taken and specifying the subject discovered evidence. P filed a motion for new trial
matter of the examination and whether the bec a decision has already been rendered but it
depositions shall be taken upon oral examination or was denied. He appealed the decision and
written interrogatories. The depositions may be assigned as one of the errors committed by the RTC
taken in accordance with Rule 23 before the the denial of hid motion for new trial. The witness s
hearing. (4a, R134) going abroad with no definite day of return. Unsa
Section 5. Reference to court. — For the purpose of iyang remedy? What if muingon ang CA muingon
applying Rule 23 to depositions for perpetuating na nasaup ang RTC sap g deny sa motion? Unsaon
testimony, each reference therein to the court in mana na wala nmn ang witness?
which the action is pending shall be deemed to - moo na mu file cya ug motion for the taking of
deposition even if the case is pending appeal.

For what purpose? already availed of because the modes of discovery

- purposes of presenting evidence in the are cumulative and not alternative or mutually
event that the CA would rule that the denial exclusive. Fortune Corp vs CA Jan 19 1994
of the RTC of his motion of new trial is
erroneous and now the case is being
Section 2. Answer to interrogatories. — The
remanded for the taking of newly
interrogatories shall be answered fully in writing and
discovered evidence.
shall be signed and sworn to by the person making
Ang motion I file sa RTC. them. The party upon whom the interrogatories
have been served shall file and serve a copy of the
answers on the party submitting the interrogatories
within fifteen (15) calendar days after service
RULE 25 thereof, unless the court, on motion and for good
INTERROGATORIES TO PARTIES cause shown, extends or shortens the time.
Another mode of discovery- interrogatories to Kinsay tagaan sa WI?
parties.
- the adverse party himself and not the parties
Gnina: deposition by written interrogatories
Kinsay mutubag?
Karun: written interrogatories to parties.
- ang party mismo not thru the counsel
What is the difference between the two?
What is the effect if di tubagon sa defendant? Or if
- WI to parties-parties ra gyud ang patubagon ang defendant mooy mo served ug WI and the
way labot ang witness. The questions are plaintiff ignored it?
exclusively address to the parties.
- fatal ang effect under rule 29 because if it is
- D upon WI- ang deponent ato pede parties the defendant who fails to served or answer
pede witness the written interrogatories, he may be
declared in default.
Section 1. Interrogatories to parties; service - if plaintiff cya, the case may be dismissed
thereof. — Upon ex parte motion, any party desiring under sec 3 (c) rule 29??
to elicit material and relevant facts from any A defendant who fails to served his answer to WI can
adverse parties shall file and serve upon the latter be declared in default. Sec 3 par C rule 29. If it is the
written interrogatories to be answered by the party plaintiff, the case may be dismissed. Arellano vs CFI
served or, if the party served is a public or private July 15 1975
corporation or a partnership or association, by any
Pede ba naay objections ang WI?
officer thereof competent to testify in its behalf.
- Yes according to sec. 3
Prior to the serving and filing of WI, there must be
permission of the court same with deposition that
there should be ex parte motion.
Just like the taking of the deposition, a party who Section 3. Objections to interrogatories. —
desires to avail of interrogatories to parties has to file Objections to any interrogatories may be presented
an ex parte mouton in court. to the court within ten (10) calendar days after
service thereof, with notice as in case of a motion;
and answers shall be deferred until the objections
Deposition by means of WI vs WI to P
are resolved, which shall be at as early a time as is
D: there is a deposition officer practicable.
WI to P: there is no deposition officer Section 4. Number of interrogatories. — No party
D: in deposition, the deponent may be a witness or may, without leave of court, serve more than one
parties set of interrogatories to be answered by the same
party. (4)
WI to P: the questions are exclusively address to the
adverse party. Section 5. Scope and use of interrogatories. —
Interrogatories may relate to any matters that can
The written interrogatories shall be directly delivered
be inquired into under section 2 of Rule 23, and the
to the parties and not to the counsels. This mode of
answers may be used for the same purposes
discovery may be applied even if the deposition has
provided in section 4 of the same Rule. (5a)
Only limitation: prohibited and privilege represented by a lawyer, tanan docs must be
served on the lawyer.
Section 6. Effect of failure to serve written
interrogatories. — Unless thereafter allowed by the Request for admission just like WI must be served on
court for good cause shown and to prevent a failure the party himself and not on his lawyer. Duke vs CA
of justice, a party not served with written July 2 2002 otherwise there would be insufficient
interrogatories may not be compelled by the compliance with the requirements in sec 1 rule 26.
adverse party to give testimony in open court, or to
give a deposition pending appeal.
Section 2. Implied admission. — Each of the matters
As I said: ang kontra pede himoon witness but need of which an admission is requested shall be deemed
to make a WI without it he cannot be compelled to admitted unless, within a period designated in the
be a witness. request, which shall not be less than fifteen
A party cannot make use the adverse party as his (15) calendar days after service thereof, or within
witness if he has not beforehand served WI before such further time as the court may allow on motion,
him. Afulugencia vs MBTC Feb 5 2014/ Ng Min Tam the party to whom the request is directed files and
vs China Banking Corp aug 5 2015 serves upon the party requesting the admission a
sworn statement either denying specifically the
matters of which an admission is requested or setting
RULE 26 forth in detail the reasons why he or she cannot
ADMISSION BY ADVERSE PARTY truthfully either admit or deny those matters.
TN: Sec 1 rule 25 and 26 very important!! Objections to any request for admission shall be
How is it done? submitted to the court by the party requested within
the period for and prior to the filing of his or
- sec 1
her sworn statement as contemplated in the
Section 1. Request for admission. — At any time after preceding paragraph and his or her compliance
issues have been joined, a party may file and serve therewith shall be deferred until such objections are
upon any other party may file and serve upon any resolved, which resolution shall be made as early as
other party a written request for the admission by the practicable.
latter of the genuineness of any material and
Suppose that document has already been
relevant document described in and exhibited with
admitted?
the request or of the truth of any material and
relevant matter of fact set forth in the request. - there is no need to request for another
Copies of the documents shall be delivered with the admission
request unless copy have already been furnished. If the matters for the request of admission were
(1a) already admitted or denied in the previous
Simply stated: kaning request for admission- ipa pleadings by the requesting party, the latter cannot
admit ang genuiness sa document. Naa kay be compelled to admit or deny them anew, the
document nya gusto ka ipa admit na kay gi deny sa requesting party cannot reasonably expect a
answer, pede nmo ipa re-admit usab by making a response to their request and thereafter assume or
request for admission of the G and DE of the even demand the application of the implied rule in
document and a copy of the doc shall be sec 2. Limos vs ordinez aug 11 2010
attached. - Kung admitted or denied no need to repeat.
Or admission of certain relevant facts- ihatag sa - The genuiness however of an AD cannot be
pikas nya ipa admit jung Genuine ba or not. a subject of request for admission because
When can you say that the issues are joined? such doc must be properly pleaded.
- after the filing of the last pleading which - Di pede ang req for admission sa genuiness
could be the answer if there is no reply or it of AD
could be a reply if there is AD attached or it What will happen if the adverse party fails to deny or
could be a rejoinder. admit?
Leave of court is not required - effect is there is implied admission
Just like written interrogatories, the request for WI In case of objection, the adverse party has to file the
must be served on the parties himself and not on his same in the court
lawyer. Exception to the rule ni na if the parties is

Section 3. Effect of admission. — Any admission 27: ang document naa nmo nya gusto nko tn awon.
made by a party pursuant to such request is for the Read: Solidbank vs Gateway electronic Corp April
purpose of the pending action only and shall not 30 2008
constitute an admission by him or her for any other
Eagleringe vs Cameroon Grandville 3 asset
purpose nor may the same be used against him or
management Inc. April 3 2013
her in any other proceeding.
It can only be used with regards to a pending case
where the admission is requested and the court may
allow the withdrawal of such admission. RULE 28
Section 4. Withdrawal. — The court may allow the PHYSICAL AND MENTAL EXAMINATION OF PERSONS
party making an admission under the Rule, whether Section 1. When examination may be ordered. — In
express or implied, to withdraw or amend it upon an action in which the mental or physical condition
such terms as may be just. (4) of a party is in controversy, the court in which the
Section 5. Effect of failure to file and serve request action is pending may in its discretion order him or
for admission. — Unless otherwise allowed by the her to submit to a physical or mental examination by
court for good cause shown and to prevent a failure a physician.
of justice a party who fails to file and serve a request What cases that the mental and physical condition
for admission on the adverse party of material and of a person is the issue wherein the court can order
relevant facts at issue which are, or ought to be, be examined into mental and physical
within the personal knowledge of the latter, shall not examination?
be permitted to present evidence on such facts. (n)
- petition for guardianship over the person
Arun mapugos pg pa admit moo ni sec 5. Need ipa and property of the ward on the ground of
admit sa pikas before maka present ug evidence on insanity
such facts. - It is the mental condition of the ward which
is the subject of the case. The opposition
RULE 27 may file a motion to subject the ward to a
PRODUCTION OR INSPECTION OF DOCUMENTS OR mental examination to determine if he is
THINGS really incompetent and not for the purpose
of treatment. Just to determine the extent
Section 1. Motion for production or inspection; WON it is proper to grant the petition
order. — Upon motion of any party showing good
cause therefor, the court in which an action is - Annulment of marriage base on impotency.
pending may (a) order any party to produce and W filed an annulment of marriage base on
permit the inspection and copying or impotency against her husband so the court
photographing, by or on behalf of the moving party, may require the H to undergo physical
of any designated documents, papers, books, examination to determine if he is really
accounts, letters, photographs, objects or tangible impotent.
things, not privileged, which constitute or contain - If the court is satisfied that there is really a
evidence material to any matter involved in the need to subject that person to P and M
action and which are in his or her possession, examination then the court may issue the
custody or control; order under sec 2.
or (b) order any party to permit entry upon The party who is subjected to P and M examination,
designated land or other property in his or pede ba cya mangau sa result?
her possession or control for the purpose of - Yes, he can asked for a copy but there is a
inspecting, measuring, surveying, or photographing consequence, if the person being examined
the property or any designated relevant object or will asked for the result of the examination,
operation thereon. The order shall specify the time, the adverse party (the person who caused
place and manner of making the inspection and the person to be examined) will also have
taking copies and photographs, and may prescribe the right to asked for copies of the previous
such terms and conditions as are just. examination that the party examined had
What is the diff between rule 26 and 27? undergone.
26: naa nko nya ako ipa admit nmo Section 2. Order for examination. — The order for
examination may be made only on motion for good
cause shown and upon notice to the party to be If the application is granted, the court shall require
examined and to all other parties, and shall specify the refusing party or deponent to answer the
the time, place, manner, conditions and scope of question or interrogatory and if it also finds that the
the examination and the person or persons by refusal to answer was without substantial
whom it is to be made. (2) justification, it may require the refusing party or
Section 3. Report of findings. — If requested by the deponent or the counsel advising the refusal, or
party examined, the party causing the examination both of them, to pay the proponent the amount of
to be made shall deliver to him or her a copy of a the reasonable expenses incurred in obtaining the
detailed written report of the examining physician order, including attorney's fees.
setting out his or her findings and conclusions. After If the application is denied and the court finds that
such request and delivery, the party causing the it was filed without substantial justification, the court
examination to be made shall be entitled upon may require the proponent or the counsel advising
request to receive from the party examined a like the filing of the application, or both of them, to pay
report of any examination, previously or thereafter to the refusing party or deponent the amount of the
made, of the same mental or physical condition. If reasonable expenses incurred in opposing the
the party examined refuses to deliver such report, application, including attorney's fees.
the court on motion and notice may make an order
Under sec 1 If a party or deponent such as witness
requiring delivery on such terms as are just, and if a
refuses to answer qs upon oral examination or a WI,
physician fails or refuses to make such a report the
the proponent may apply to the proper court where
court may exclude his or her testimony if offered at
the deposition is taken to issue an order to compel
the trial.
the witness to answer.
Section 4. Waiver of privilege. — By requesting and
Deponent cannot compel the party or witness to
obtaining a report of the examination so ordered or
answer, there has to be a court order.
by taking the deposition of the examiner, the party
examined waives any privilege he or she may have So the proponent has to file a motion in court to
in that action or any other involving the same compel an party to answer questions.
controversy, regarding the testimony of every other
person who has examined or may thereafter
Section 2. Contempt of court. — If a party or other
examine him or her in respect of the same mental or
witness refuses to be sworn or refuses to answer any
physical examination.
question after being directed to do so by the court
of the place in which the deposition is being taken,
RULE 29 the refusal may be considered a contempt of that
REFUSAL TO COMPLY WITH MODES OF DISCOVERY court.
Moo ni cya ang mga consequences for example if
the witness or a party fails to answer written I or oral Section 3. Other consequences. — If any party or an
examination during the taking of the deposition. officer or managing agent of a party refuses to obey
If the party who fails to answer WI is the defendant- an order made under Section 1 of this Rule requiring
he can be declared in default. him or her to answer designated questions, or an
order under Rule 27 to produce any document or
If plaintiff- pede ma dismiss ang case
other thing for inspection, copying, or
Main witness (deposition) - if he refuses to answer the photographing or to permit it to be done, or to
qs he can be cited for contempt permit entry upon land or other property, or an order
Section 1. Refusal to answer. — If a party or other made under Rule 28 requiring him or her to submit to
deponent refuses to answer any question upon oral a physical or mental examination, the court may
examination, the examination may be completed make such orders in regard to the refusal as are just,
on other matters or adjourned as the proponent of and among others the following:
the question may prefer. The proponent may (a) An order that the matters regarding
thereafter apply to the proper court of the place which the questions were asked, or the
where the deposition is being taken, for an order to character or description of the thing or land,
compel an answer. The same procedure may be or the contents of the paper, or the physical
availed of when a party or a witness refuses to or mental condition of the party, or any other
answer any interrogatory submitted under Rules 23 designated facts shall be taken to be
or 25. established for the purposes of the action in
accordance with the claim of the party to be imposed upon the Republic of the Philippines
obtaining the order; under this Rule. (6)
(b) An order refusing to allow the
disobedient party to support or oppose
RULE 30
designated claims or defenses or prohibiting
TRIAL
him or her from introducing in evidence
designated documents or things or items of Section 1. Schedule of trial. — The parties shall strictly
testimony, or from introducing evidence of observe the scheduled hearings as agreed upon
physical or mental condition; and set forth in the pre-trial order.
(c) An order striking out pleadings or parts During pre-trial conference-gisabutan na ang
thereof, or staying further proceedings until dates.
the order is obeyed, or dismissing the action What is the order of trial?
or proceeding or any part thereof, or
rendering a judgment by default against the Kinsay mauna na mu present ug evidence?
disobedient party; and 1. Plaintiff -the plaintiff would present his
evidence in chief
- Pede ma dismiss ang kaso or default
2. Defendant would present his evidence in
(d) In lieu of any of the foregoing orders or in
chief regarding his defenses
addition thereto, an order directing the
arrest of any party or agent of a party for 3. Plaintiff- rebuttal (optional)
disobeying any of such orders except an 4. surrebuttal
order to submit to a physical or mental 5. Decision
examination. (3a)
(a) The schedule of the trial dates, for both
Section 4. Expenses on refusal to admit. — If a party plaintiff and defendant, shall be continuous
after being served with a request under Rule 26 to and within the following periods:
admit the genuineness of any document or the truth
of any matter of fact, serves a sworn denial thereof i. The initial presentation of plaintiff s
and if the party requesting the admissions thereafter evidence shall be set not later than
proves the genuineness of such document or the thirty (30) calendar days after the
truth of any such matter of fact, he or she may apply termination of the pre-trial
to the court for an order requiring the other party to conference. Plaintiff shall be allowed
pay him or her the reasonable expenses incurred in to present its evidence within a
making such proof, including reasonable attorney's period of three (3) months or ninety
fees. Unless the court finds that there were good (90) calendar days which shall
reasons for the denial or that admissions sought were include the date of the judicial
of no substantial importance, such order shall be dispute resolution, if necessary;
issued. ii. The initial presentation of
Section 5. Failure of party to attend or serve defendant's evidence shall be set
answers. — If a party or an officer or managing not later than thirty (30) calendar
agent of a party wilfully fails to appear before the days after the court's ruling on
officer who is to take his or her deposition, after plaintiffs formal offer of evidence.
being served with a proper notice, or fails to serve The defendant shall be allowed to
answers to interrogatories submitted under Rule 25 present its evidence within a period
after proper service of such interrogatories, the court of three (3) months or ninety (90)
on motion and notice, may strike out all or any part calendar days;
of any pleading of that party, or dismiss the action iii. The period for the presentation of
or proceeding or any part thereof, or enter a evidence on the third (fourth, etc.)-
judgment by default against that party, and in its party claim, counterclaim or cross-
discretion, order him or her to pay reasonable claim shall be determined by the
expenses incurred by the other, including attorney's court, the total of which shall in no
fees. case exceed ninety (90) calendar
Section 6. Expenses against the Republic of the days; and
Philippines. — Expenses and attorney's fees are not iv. If deemed necessary, the court
shall set the presentation of the
parties' respective rebuttal should not assume that his motion for postponement
evidence, which shall be completed will be granted since it is merely a matter of
within a period of thirty (30) calendar privileged and not a matter of right. Sibay vs
days. bermudes July 17, 2017
(b) The trial dates may be shortened Hearing days: Monday to Thursday wholeday /
depending on the number of witnesses to be Friday- motion day
presented, provided that the presentation of Section 3. Requisites of motion to postpone trial for
evidence of all parties shall be terminated illness of party or counsel. — A motion to postpone a
within a period often (10) months or three trial on the ground of illness of a party or counsel
hundred (300) calendar days. If there are no may be granted if it appears upon affidavit or sworn
third (fourth, etc.)-party claim, counterclaim certification that the presence of such party or
or cross-claim, the presentation of evidence counsel at the trial is indispensable and that the
shall be terminated within a period of six (6) character of his or her illness is such as to render his or
months or one hundred eighty (180) her non-attendance excusable. (4)
calendar days.
Section 4. Hearing days and calendar call. — Trial
(c) The court shall decide and serve copies shall be held from Monday to Thursday, and courts
of its decision to the parties within a period shall call the cases at exactly 8:30 a.m. and 2:00
not exceeding ninety (90) calendar days p.m.. pursuant to Administrative Circular No. 3-99.
from the submission of the case for resolution, Hearing on motions shall be held on Fridays,
with or without memoranda. pursuant to Section 8, Rule 15.
All courts shall ensure the posting of their court
Section 2. Adjournments and postponements. — A calendars outside their courtrooms at least one (1)
court may adjourn a trial from day to day, and to day before the scheduled hearings, pursuant to
any stated time, as the expeditious and convenient OCA Circular No. 250-2015. (n)
transaction of business may require, but shall have Section 5. Order of trial. — Subject to the provisions
no power to adjourn a trial for a longer period than of Section 2 of Rule 31, and unless the court for
one month for each adjournment, nor more than special reasons otherwise directs, the trial shall be
three months in all, except when authorized in limited to the issues stated in the pre-trial order and
writing by the Court Administrator, Supreme Court. shall proceed as follows:
The party who caused the postponement is warned (a) The plaintiff shall adduce evidence in
that the presentation of its evidence must still be support of his or her complaint;
terminated on the remaining dates previously
(b) The defendant shall then adduce
agreed upon.
evidence in support of his or her defense,
[Section 3. Requisites of motion to postpone trial for counterclaim, cross-claim and third-party
absence of evidence. — Deleted] complaint;
(c) The third-party defendant, if any, shall
Remember: postponement is not a matter of right, adduce evidence of his or her defense,
the counsel asking for postponement should not counterclaim, cross-claim and fourth-party
expect that his motion shall be granted, it rest upon complaint;
the sole discretion of the court. (d) The fourth-party, and so forth, if any, shall
Ex: nasakit cya covid moo ng pa reset cya – kana adduce evidence of the material facts
reasonable na pleaded by them;
If the ground for motion for postponement is health (e) The parties against whom any
issues then it must be supported with medical counterclaim or cross-claim has been
certificate. pleaded, shall adduce evidence in support
of their defense, in the order to be
Ang motion for postponement dunay bayad- 100
prescribed by the court;
kada postpone
(f) The parties may then respectively adduce
The grant or denial of a motion for postponement is
rebutting evidence only, unless the court, for
addressed to the sound discretion of the court which
good reasons and in the furtherance of
should always be predicated that the end of justice
justice, permits them to adduce evidence
and fairness should be served thereby. A party
upon their original case; and
(g) Upon admission of the evidence, the - the COC must be a lawyer – possible rani
case shall be deemed submitted for ang delegation sa RTC since ang COC must
decision, unless the court directs the parties be a lawyer sa RTC.
to argue or to submit their respective When can be delegated?
memoranda or any further pleadings.
1. default or ex parte hearings
If several defendants or third-party
2. in any case where the parties agree in
defendants, and so forth, having separate
writing, the court may delegate the
defenses appear by different counsel, the
reception of evidence to its clerk of court
court shall determine the relative order of
who is a member of the bar.
presentation of their evidence.
TN: agreement must be in writing
Section 6. Oral offer of exhibits. — The offer of
evidence, the comment or objection thereto, and -usually ex parte
the court ruling shall be made orally in accordance RULE 31
with Sections 35 to 40 of Rule 132. (n) Consolidation or Severance
Section 7. Agreed statement of facts. — The parties Section 1. Consolidation. — When actions involving
to any action may agree, in writing, upon the facts a common question of law or fact are pending
involved in the litigation, and submit the case for before the court, it may order a joint hearing or trial
judgment on the facts agreed upon, without the of any or all the matters in issue in the actions; it may
introduction of evidence. order all the actions consolidated, and it may make
If the parties agree only on some of the facts in issue, such orders concerning proceedings therein as may
the trial shall be held as to the disputed facts in such tend to avoid unnecessary costs or delay. (1)
order as the court shall prescribe. (6)
Do you remember permissive joinder causes action?
[Section 7. Statement of judge. — Deleted]
If two or more cases are related pwede sila e
Section 8. Suspension of actions. — The suspension join/consolidate.
of actions shall be governed by the provisions of the
Civil Code and other laws.
For example:
Section 9. Judge to receive evidence; delegation to
clerk of court. — The judge of the court where the barko nalunod:
case is pending shall personally receive the ang mga pasahero nga mga buhi ug relatives
evidence to be adduced by the parties. However, atung nangmatay na pasahero nag iya-iya ug file
in default or ex parte hearings, and in any case ug kaso. Most likely ang witnesses sa kada kaso
where the parties agree in writing, the court may pareho ra, so there can be a consolidate hearing-
delegate the reception of evidence to its clerk of dunganon.
court who is a member of the bar. The clerk of court
The evidence of one case would be also considered
shall have no power to rule on objections to any
as evidence for the other cases. So possible, isa ra
question or to the admission of exhibits, which
ka decision iprepare sa court.
objections shall be resolved by the court upon
submission of his or her report and the transcripts
within ten (10) calendar days from termination of Mao ni ang consolidated or joined hearing. If there
the hearing. is a common issue faces and/or law.
This is about the delegation of the reception of - same evidences, same law applied
evidence to the clerk of court. Zulueta v. Asia Brewery, Inc., March 8, 2001
Usually during the presentation of evidence, it
should be the judge who should preside the hearing
and should received the evidence and hear the SIDE NOTE: In the actual practice, if these cases were
testimonies but there are instances (exception ni) filed in different branches, asa man sya
ang reception of evidence can be delegated to iconsolidate? Kinsa may panhandle-lon ani? Usually
the COC. Unsa mana? ang lowest docket.
- sayon na kaso like defaulted cases na way For example:

kontra Case # 1, 2, 3, 4 – lain lain na judges and branches,
asa na judge ang mo handle? Ang lowest. #1.

Iconsolidate and ihatag atung judge nga nag That issue, whether or not there is an encroachment
handle sa case with the lowest docket number. made by the defendant on the plaintiff’s property,
then there has to be a geodetic engineer. That issue
should be referred to a geodetic engineer.
Section 2. Separate trials. — The court, in
- mao nay gitawag na commissioner
furtherance of convenience or to avoid prejudice,
may order a separate trial of any claim, cross-claim,
counterclaim, or third-party complaint, or of any The referral of an issue to a commissioner can be
separate issue or of any number of claims, cross- done upon agreement of the parties. If they cannot
claims, counterclaims, third-party complaints or agree, upon motion of one of the parties, the court
issues. may order that this particular issue be referred to a
RULE 32 commissioner.
TRIAL BY COMMISSIONER
Section 1. Reference by consent. — By written Unsa pamay laing example na pwede na kanang
consent of both parties, the court may order any or maong issue irefer sa commissioner?
all of the issues in a case to be referred to a
- accounting
commissioner to be agreed upon by the parties or
to be appointed by the court. As used in these Rules,  kung naka ginansya bani maong
the word "commissioner" includes a referee, an negosyo, mga partners na nag unay
auditor and an examiner. (1a, R33) na ug kinihaay
Section 2. Reference ordered on motion. — When  mga managsuoon, nag unay ug
the parties do not consent, the court may, upon the kinihaay kay ilang family business
application of either or of its own motion, direct a gisolo ra sa usa ka igsuon
reference to a commissioner in the following cases:  unsaon mana pag determine kung
naay bay income or walay income.
(a) When the trial of an issue of fact requires
the examination of a long account on either  So, mag hire ug accountant
side, in which case the commissioner may be  dina pwede sa court kay mahurot
directed to hear and report upon the whole ang time, bisan pag dunay
issue or any specific question involved background ang judge ana sa book
therein; keeping or accounting, mahurot ang
(b) When the taking of an account is time sa judge
necessary for the information of the court - that issues would be referred to a
before judgment, or for carrying a judgment commissioner.
or order into effect.
(c) When a question of fact, other than upon
Either upon agreement of the parties or on motion
the pleadings, arises upon motion or
of one of the parties.
otherwise, in any stage of a case, or for
carrying a judgment or order into effect.
When we discussed about pre-trial, we mentioned Issues that may be referred to a commissioner- Look
that sometimes there’s an instance that there’s an at Sec. 2
issue in a case which is beyond the expertise of the Section 3. Order of reference; powers of the
court. commissioner. — When a reference is made, the
clerk shall forthwith furnish the commissioner with a
copy of the order of reference. The order may
For example:
specify or limit the powers of the commissioner, and
boundary dispute, pwede na nga ang judge ana may direct him or her to report only upon particular
maoy mu determine? Pwede? issues, or to do or perform particular acts, or to
ANS: receive and report evidence only, and may fix the
Dili, except lang kung dunay background ang judge date for beginning and closing the hearings and for
sa geodetic engineering. the filing of his or her report. Subject to the
specifications and limitations stated in the order, the
commissioner has and shall exercise the power to
Unsa may buhaton ana? regulate the proceedings in every hearing before
him or her and to do all acts and take all measures - mao ang tawag ana basta patestify-yon
necessary or proper for the efficient performance of ang witness, it would be “subpoena duces
his or her duties under the order. He or she may issue tecum ad testificandum”
subpoenas and subpoenas duces tecum, swear - which means subpoena duces tecum and
witnesses, and unless otherwise provided in the order ad testificandum
of reference, he or she may rule upon the
admissibility of evidence. The trial or hearing before
him or her shall proceed in all respects as it would if Usually di na idistinguish, if the witness who is required
held before the court. to produce a document in court has participation or
personal knowledge regarding the contents of the
When an issue is referred to a commissioner, the
document, he can be required to testify.
clerk shall give the commissioner a copy of the order
and the order may specify or limits the power of the
commissioner. The commissioner is given a certain -------------E N D. -----------------------
period of time to submit his report to the court.
Mas powerful ning commissioner kay sa deposition
officer.
What we know was that:
The deposition officer cannot rule on the
admissibility of the evidence.
The same with the COC that cannot rule on the
admissibility of the evidence.
- igo rana nya iadmit
But, the commissioner has the power to rule on the

admissibility of evidence.
- under Sec.3 (2nd to the last sentence)
Section 4. Oath of commissioner. — Before entering

upon his or her duties the commissioner shall be
sworn to a faithful and honest performance thereof.
Before performing his duties, the commissioner has
to take his oath.
Should the court be bound by the

report/recommendation of the commissioner?
ANS:
No. The court may admit the report of the
commissioner or reject it.
QUESTION from the class:

Is subpoena duces tecum confined the
reproduction of documents or can it also include the
testimony of the witness aside reproduction?
Usually, subpoena duces tecum, the witness who
would be required to produce the document in November 5, 2021
court and if he has knowledge regarding the
document, for example, he is the one who prepared Choy
it, then, he can be required to testify. RULE 31

Consolidation or Severance Ex: in a boundary dispute the parties may agree that
they would hire a geodetic engr in order to
Section 1. Consolidation. — When actions involving determine WON there is rally an encroachment
a common question of law or fact are pending made by one of the parties or for example
before the court, it may order a joint hearing or trial accounting which may involved the examination of
of any or all the matters in issue in the actions; it may long accounts so the courts or parties may agree
order all the actions consolidated, and it may make the issue may be referred to a commissioner- CPA in
such orders concerning proceedings therein as may order to determine.
tend to avoid unnecessary costs or delay. (1)
Example in a partition case, mangau ug bahin ang
Section 2. Separate trials. — The court, in igsoon sa negosyo kay ila negosyo gisolo sa isa ka
furtherance of convenience or to avoid prejudice, igsoon so unsaon pg determine if naka profit ang
may order a separate trial of any claim, cross-claim, business ug naa pila ang ginansya so that would
counterclaim, or third-party complaint, or of any require the help of the CPA.
separate issue or of any number of claims, cross-
claims, counterclaims, third-party complaints or - The parties may agree to refer the issue to a
issues. commissioner
Rule 31 is about consolidation - Pede sad the court may refer the case to a
commissioner upon motion of a party or
Presupposes that there are several cases 2 or motu proprio on its own
more cases are filed and these are involved
common Qs of law or facts. Pede sd board of commissioners ex: election protest
kay isa ka candidate mi claim na gitikasan cya or
These cases filed in diff courts or branches naay wa na count na votes. Pede ang court mu
involved same or similar facts in order to form ug board of commissioners in order to recount
served time and effort, these cases will be the votes.
consolidated during trial
Ex: gitikasan cya sa makina so there could be a
Aside from saving time, one of the purpose is manual counting so imagine if ang judge ana mooy
to avoid conflicting decisions. mg ihap manually perti kalasa sa time. So judge may
If a consolidation of trial or hearing is allowed appoint a BOC: 1st sa party 2nd sa other party and
or ordered then there would be only 1 3rd pede tga court.
decision to be prepared. - There should be a BOC who would recount
Separate trial is the opposite of consolidated the votes
trial Section 2. Reference ordered on motion. — When
RULE 32 the parties do not consent, the court may, upon the
TRIAL BY COMMISSIONER application of either or of its own motion, direct a
reference to a commissioner in the following cases:
Section 1. Reference by consent. — By written
consent of both parties, the court may order any or (a) When the trial of an issue of fact requires
all of the issues in a case to be referred to a the examination of a long account on either
commissioner to be agreed upon by the parties or side, in which case the commissioner may be
to be appointed by the court. As used in these Rules, directed to hear and report upon the whole
the word "commissioner" includes a referee, an issue or any specific question involved
auditor and an examiner. (1a, R33) therein;
Rule 32 trial by commissioner (b) When the taking of an account is
necessary for the information of the court
- May be resorted to, upon agreement of the before judgment, or for carrying a
parties or upon motion of a party, judgment or order into effect.
- Trial by commissioner can be resorted to if (c) When a question of fact, other than upon
there is an issue to be resolved by the court
the pleadings, arises upon motion or
which requires a commissioner.
otherwise, in any stage of a case, or for
- Now, the term commissioner may refer to an carrying a judgment or order into effect.
expert

The appointment of commissioner is required when Some case: appointment of commissioner are
there is a factual issue that requires the appointment mandatory rule 67 and rule 69
of commissioner.
Rule 67 expropriation. Why need to appoint com ang
To take into effect the judgment of a court court?
What do you mean by for the purposes of judgment - Necessary bec the crucial issue is the
or order into effect? amount of JC.
- Court rendered judgment and could be final - Commissioner nga ng engage in real estate
and executory already, the court may still business, compulsory na kay ang judge wa
constitute a BOC for the purpose of kabalo pila price sa land
enforcing the decision of the court
- Not more than 3 com
Ex: partition court ordered this prop is owned in
Rule 69 Partition – necessary ang com
common and equally divided to the heirs
- Usual ana ang geodetic engr kay ng involve
Nahimo nang final and executory ang decision sa
na ug subdivision of lots
court now unsaon og bahin2x sa land? Pg determine
sa 500 sq meters for example? Section 4. Oath of commissioner. — Before entering
- So moo na pede mu hire ug geodetic engr upon his or her duties the commissioner shall be
in order to enforce the decision of the court. sworn to a faithful and honest performance thereof.
- One of the instance na mg appoint ang Before the com would perform his duty he needs to
court ug commissioner for that purpose take his oath before the COC if sa RTC bec the COC
is a lawyer in RTC
Section 3. Order of reference; powers of the
commissioner. — When a reference is made, the Section 5. Proceedings before commissioner. —
clerk shall forthwith furnish the commissioner with a Upon receipt of the order of reference unless
copy of the order of reference. The order may otherwise provided therein, the commissioner shall
specify or limit the powers of the commissioner, and forthwith set a time and place for the first meeting of
may direct him or her to report only upon particular the parties or their counsel to be held within ten
issues, or to do or perform particular acts, or to (10) calendar days after the date of the order of
receive and report evidence only, and may fix the reference and shall notify the parties or their
date for beginning and closing the hearings and for counsel.
the filing of his or her report. Subject to the Section 6. Failure of parties to appear before
specifications and limitations stated in the order, the commissioner. — If a party fails to appear at the time
commissioner has and shall exercise the power to and place appointed, the commissioner may
regulate the proceedings in every hearing before proceed ex parte or, in his or her discretion, adjourn
him or her and to do all acts and take all measures the proceedings to a future day, giving notice to the
necessary or proper for the efficient performance of absent party or his or her counsel of the
his or her duties under the order. He or she may issue adjournment.
subpoenas and subpoenas duces tecum, swear
witnesses, and unless otherwise provided in the order The com after tasking his oath under sec 4, shall set
of reference, he or she may rule upon the a date and time as well as the place for th 1st
admissibility of evidence. The trial or hearing before meeting of the parties and their counsels
him or her shall proceed in all respects as it would if Ex: survey so makig meeting ang geodetic engr if
held before the court. when cla mg conduct sa survey kay need na parties
The court issue an order appointing a com, the court naa ana. If unsa sa parties di muadto despite notice
may put conditions or guidelines or indicate what then he is considered to waived his right to present
are the powers of the commissioner during survey look at sec 6
Order: isulti unsay buhaton sa com ug unsa ang Or he may postpone the proceedings to a future
powers sec 3 date
Pede ang com mu issue ug subpoena and he can Section 7. Refusal of witness. — The refusal of a
rule on the admissibility of evidence pero seldom ni witness to obey a subpoena issued by the
mahitabo na ang com mu rule on the admissibility commissioner or to give evidence before him or her,
of evidence.
shall be deemed a contempt of the court which be set for hearing, after which the court shall issue
appointed the commissioner. an order adopting, modifying, or rejecting the report
in whole or in part, or recommitting it with
If there is a need to take the testimony of a witness, instructions, or requiring the parties to present further
the com may issue a subpoena and the refusal on evidence before the commissioner or the court.
the part of the witness however shall be considered
a contempt of court. It would now the court who will Section 12. Stipulations as to findings. — When the
punish the witness. parties stipulate that a commissioner's findings of
fact shall be final, only questions of law shall
After the com has made his court the same should thereafter be considered. (12a, R33)
be filed in the court, submit to the court, court will
give time when to submit depending sa ka Section 13. Compensation of commissioner. — The
complicated sa case. court shall allow the commissioner such reasonable
compensation as the circumstances of the case
Section 8. Commissioner shall avoid delays. — It is warrant, to be taxed as costs against the defeated
the duty of the commissioner to proceed with all party, or apportioned, as justice requires.
reasonable diligence. Either party, on notice to the
parties and commissioner, may apply to the court Should the court accept the report of com
for an order requiring the commissioner to expedite automatically?
the proceedings and to make his or her report. - NO, The court has the discretion to accept,
Section 9. Report of commissioner. — Upon the modify or reject the report and appoint
completion of the trial or hearing or proceeding another com
before the commissioner, he or she shall file with the There are instances that the parties would agree
court his or her report in writing upon the matters that they would accept whatever the report of the
submitted to him or her by the order of reference. com.
When his or her powers are not specified or limited,
he or she shall set forth his or her findings of fact and One case kaso na handle sa MTC pa c judge:
conclusions of law in his or her report. He or she shall boundary dispute. Arun maka save ang parties they
attach thereto all exhibits, affidavits, depositions, are going to share equally the expenses of geodetic
papers and the transcript, if any, of the testimonial engr. Gisabotan na if unsay decision sa geodetic
evidence presented before him or her. engr mooy I base sa decision then nisugot.
Section 10. Notice to parties of the filing of report. — Pede pod na ang parties mgsabot kugn knsay
Upon the filing of the report, the parties shall be mapildi mooy mu pay sa com. If naka encroach
notified by the clerk, and they shall be allowed ten defendant mu pay if no encroachment ang plaintiff
(10) calendar days within which to signify grounds of mu pay for example.
objections to the findings of the report, if they so
desire. Objections to the report based upon grounds
which were available to the parties during the RULE 33
proceedings before the commissioner, other than DEMURRER TO EVIDENCE
objections to the findings and conclusions therein
Section 1. Demurrer to evidence. — After the
set forth, shall not be considered by the court unless
plaintiff has completed the presentation of his or
they were made before the commissioner.
her evidence, the defendant may move for
Why should it be notified ang parties? dismissal on the ground that upon the facts and the
law the plaintiff has shown no right to relief. If his or
- Bec they may have objections her motion is denied, he or she shall have the right to
Ex: geodetic engr ng submit ug report nya ang present evidence. If the motion is granted but on
report ng indicate nan aka encroach ang appeal the order of dismissal is reversed, he or
defendant, the def may submit his objection to the she shall be deemed to have waived the right to
report but in order for his objection to be considered present evidence.
it is necessary that he must raised that objection to
VERY IMPORTANT RULE!
the proceedings, need cya mutunga kay if not
present it would not be considered by the court. What is a demurer to evidence?
Section 11. Hearing upon report. — Upon the - A demurrer to evidence is a motion to dismiss
expiration of the period often (10) calendar days on the ground of insufficiency of evidence.
referred to in the preceding section, the report shall Ang proper name is demurrer to evidence.
- The question in demurrer to evidence is “has BAR Q: Distinguish demurrer to evidence in CIVIL
the plaintiff been able to established the CASES and CRIMINAL CASES:
case?”
1. In civ case, D to E may be filed without leave
What is the purpose of demurer to evidence? of court while in Crim cases, D to E is filed with
or without leave of court.
- Terminate proceedings as much as possible
- The case shall be decided
- Civ: D ot E is filed without prior leave of court
- Crim cases pede way leave pede naa-
It would be the defendant who will file the D
leaves means permission form the court.
to E
- Sec 23 rule 119 – D to E in crim cases
If the P failed to present sufficient evidence
against the Def, then defendant may file a Crim cases:
demurrer to evidence.
- If the accused would file a D to E, it is risky –
When is the right time to file a demurrer to evidence? the moment it is denied he cannot present
TN! evidence anymore.
- should be filed after the plaintiff has rested its case - If with leave of court – if denied he can still
present evidence.
When can you say that the P has already rested its
case? Civ cases:
- layman’s term of “rested its case”: - D to E may be filed even without leave of
prosecution has closed the prosecution of court. In the event it is denied the defendant
evidence can still present evidence.
- the P has deemed to terminated his case - If ang lawyer mu file ug leave of court pede
after the court has ruled his formal offer of rapod kay wa mana gi bawal but
exhibits superfluous na.
- Unya rka maka-ingun na terminated or But naa gihapon risk bec if the court would grant the
closed na ang presentation of evidence- D to E (case will be dismissed if granted) unsay
after the court ha ruled the formal offer of remedy sa P?
exhibits
- P can file appeal. Now on appeal the
1st ana ang P mu present sa evidence: appellate court if the order of the trial court
granting the D to E is reversed, the appellate
ex: 3 witnesses A B C, human testify sa last witness
court could no longer remand the case to
the P will make a formal offer if his exhibits
the trial court.
(documentary and object) after that ang pikas mo
object or mo-comment then that would be the time
the court will make a ruling WON those exhibits are
2. In civ cases, when D to E is denied by the trial
admitted as evidence.
court, the defendant can present evidence
Once the court will issue the ruling admitting or while in crim cases, the accused cannot
denying certain exhibits of the P moo na ang time present evidence anymore if denied.
that P rested its case, NOT ang pg offer but ang pag
RULE sa offer.
3. In Civ cases, the plaintiff may appeal the
Why is it important?
order grating the demurer while in Crim
- After the court mu issue sa ruling then that’s cases, cannot file an appeal if D to E is
the time demurer to evidence can be filed granted.
TN: Demurrer to evidence prematurely filed has no
effect, if the court grants it, the decision is void.
- Crim: nice if I grant sa court kay ang Plaintiff
It is a motion to dismiss on the ground of insufficiency cannot file an appeal. End na sa role sa
of evidence. Rep v de Borja jan 9 2017 /_____v del prosecution.
rosarian July 6 2000

- The P may file an appeal from the decision - One which does not terminate the entire
of the court dismissing the case after the case. There is still something to be done on
court has granted the demurrer to evidence the trial court.
in civ cases.
Supposed the D to E is granted and the court
------------- JUDGE is disconnected ------------ rendered decision dismissing the case, unsay
remedy sa plaintiff on the granting of the D to E?
In D to E in civ cases, the risk is on appeal. There is no
risk before appeal. Once the Appellate Court (AC) - appeal
will grant the D to E the AC will not return the case to
- Because the order of the court (granting the
the trial court for the reception of evidence of the
D to E, so gi dismiss ang kaso) prehas rag
defendant. The AC would now render decision
decision so that is equivalent of the
against the def.
judgment on the merits, that is why
A D to E may be filed even in the petition of considered as final order moo pede appeal.
guardianship oropesa v oropesa april 25 2012
- It could be subject of appeal bec
considered as final order.
Section 2. Action on demurrer to evidence. — A - But moo tu na if ma reverse ang order di
demurrer to evidence shall be subject to the naka present ug evidence and the case
provisions of Rule 15. shall be decided base on that sa AC.
The order denying the demurrer to evidence shall
not be subject of an appeal or petition
for certiorari, prohibition or mandamus before
judgment. RULE 34
JUDGMENT ON THE PLEADINGS
Rule 15 is about motion –D to E is considered
as litigious motion –It should be reduced into Demmurer to evidence andjudgment on the
writing and copy thereof furnish to the Pleadings- mga remedy na makapadali sa kaso.
plaintiff’s counsel before filing in court so that Section 1. Judgment on the pleadings. — Where an
P should be given time to comment- 5 days answer fails to tender an issue, or otherwise admits
from receipt of his copy of the LM. the material allegations of the adverse party's
The court has discretion to set a hearing pleading, the court may; on motion of that party,
before resolving the motion. Court may direct judgment on such pleading. However, in
resolved the motion but naay discretion to actions for declaration of nullity or annulment of
set for hearing. marriage or for legal separation, the material facts
alleged in the complaint shall always be proved.
The order denying the D to E shall not be
subject of an appeal or pet for Certiorari, Kaning judgment on the pleadings (J on the P)
Prohibition, and Mandamus (CPM) before under rule 34 presupposes that the def has filed his
judgment answer but his answer does not tender or present
any issue.
What is the remedy? If gi deny ang D to E?
Why man wa ka present ug issue?
- present evidence
- wa nay lalisan kay iyang gi admit tanan
Ex: collection of sum of money. Obtained a loan 1M
Moo na dili pede mu file ug petition for CPM
@2 percent interest per month payable in 1 yr-
bec these actions are only available if there
admitted.
is no other remedy available. If naay lain, di
ka avail s CPM. Gi allege sa complaint : the def failed to pay despite
demands-iyang gi admit so unsa pay lalisan ana so
It cannot be subject for appeal bec it is a
moo na under rule 34 allows the court to render
more interlocutory order.
judgment based on the pleadings (complaint or
What is an Interlocutory order (IO)? answer)
When mahitabo?

- After def has filed his answer and it does not If an answer does in fact specifically denies the MA
tender an issue bec in his answer, he of the complaint and assert defenses the J on the P
admitted all the Material Allegations (MA) of would be improper adolfo v adolfo march 18 2015
the complaint.
Where the def failed to specifically deny the MA in
Passible ba na mahitabo na wa gi expressly admit the complaint, and set forth the fact which he
ang complaint, wa cya miingun na this paragraph is claims to be the truth and worst did not deny under
admitted instead iya gi deny nuon, pede ba naay J oath the genuiness and due execution of the doc
on the P bsan iya gi deny ang allegations? attached to the complaint, J on the P is proper JP
Juan and Sons Inc vs LIANGA industries Inc July 28
- YES. Remember on negative defenses-
1969
specific denial, the rule on specific denial on
how to make a proper specific denial. If the Kaning sa annulment of marriage or legal
defendant denies in his answer the material separation muingon ang plaintiff: defendant is
allegations in the complaint but it cannot be psychologically incapacitated, then gi admit sa
considered specific denial, it shall be defendant. Pede J on the P ana?
considered as general denial, which has the
– J on the P as well as summary judgment not
effect of admission.
applicable sa actions for declaration of
nullity or annulment of marriage or for legal
separation.
J on the P can be filed by the plaintiff only
– Material facts in those cases shall always be
Remember: kung ang def di maka file ug answer ma
proved under sec 1 rule 34
defaulted ang court pede maka render ug
judgment based on the pleadings (complaint) but Section 2. Action on motion for judgment on the
this time the decision would be entirely base on the pleadings. — The court may motu proprio or on
complaint of the plaintiff. motion render judgment on the pleadings if it is
Sa rule 34 judgment on the P-naka file ug answer apparent that the answer fails to tender an issue, or
ang defendant but ang katong defaulted-base rato otherwise admits the material allegations of the
sa allegations sa complaint kay wa man ka file ug adverse party's pleadings. Otherwise, the motion
answer ang defendant. shall be subject to the provisions of Rule 15 of these
Rules.
2 instances the court may render judgment even
without presentation of evidence: Any action of the court on a motion for judgment on
the pleadings shall not be subject of an appeal or
1. If the defending party fails to answer within petition for certiorari, prohibition or mandamus. (n)
the time allowed therefor, the court shall,
upon motion of the claiming party with May the court moto pro prio subject the case to J on
notice to the defending party, and proof of the P?
such failure, declare the defending party in - Yes
default. Sec 3 rule 9
- If material allegation are admitted on the
2. Where an answer fails to tender an issue, or pre-tiral, when defendant admitted the MA
otherwise admits the material allegations of on the complaint the court may declare the
the adverse party's pleading, the court may; case may be subjected to J on the P and
on motion of that party, direct judgment on include it in his order.
such pleading. sec 1 rule 34/ Fernando
Medical Ent Inc vs Wesleyan Univ Phil Inc. Is J on the P Litigious motion (LM) or non-litigious
Jan 20 2016 motion (NLM) or prohibited motion (PM)?
J on the P is proper when an answer fails to - It is litigious motion

tender issue or otherwise admits the material What is a litigious motion?
allegations on the pleadings.
- a motion which asked for a relief or remedy
What do you mean by fails to tender an issue? that if granted would prejudice the adverse
------------------ party.

Being a LM it should be in writing and a copy - Yes as regards to his counterclaim

of the motion should be furnished by the
So pede cya maka file ug SJ sa iyang counterclaim?
adverse party so that the adverse party is
given the opportunity to comment. - Yes sunder sec 1
TN: Any action of the court in J on the P shall not be Section 2. Summary judgment for defending
subject to appeal and petition for CPM- ang order party. — A party against whom a claim,
itself. counterclaim, or cross-claim is asserted or a
Ex: ang plaintiff mu file ug motion on J on the P, the declaratory relief is sought may, at any time, move
court would issue an order denying or granting the with supporting affidavits, depositions or admissions
motion. This is the 1st step. If granted the court will for a summary judgment in his or her favor as to all
render judgment 2nd step or any part thereof.
Ang order di pede I subject ug appeal BUT Pede pod and defendant mooy mu file ug M to SJ.
ang judgment mooy i-subject sa appeal. Distinguish Judgment on the Pleading vs Summary
Supposed the motion is denied? Judgment:
- then that is an interlocutory order- cannot be 1. J on the P can be availed only by the plaintiff
subject to appeal, 2d par sec 2. “Any action while SJ may be availed by the plaintiff or the
of the court” whatever order of the court on defendant.
the motion not subject to appeal ug CPM. 2. In J on the P, there is no more issue while in
What if I grant sa court? SJ, there is an issue but the same is not
genuine and the same may be proved by
- Subject to appeal bec it is a judgment depositions, affidavits, admissions,
already. stipulations
- Ang i-subject to appeal is not the order but 3. J on the P may be filed only by the claimant
the judgment. Bec 2nd paragraph of sec 2 who is the party seeking to recover upon a
“whatever would be the order of the court claim, counterclaim, or cross-claim while SJ
the same could not be subject of apepal may be filed either by the claimant or
and CPM” defending party.
- If gi deny: then the case would continue – 4. SJ the movant he should attached affidavits,
that is just an interlocutory order. depositions, admissions or specific law relied
upon while J on the P no need to attached
affidavits, depositions, admissions or specific
RULE 35 law relied upon.
SUMMARY JUDGMENTS
Distinction 1:
Section 1. Summary judgment for claimant. — A
party seeking to recover upon a claim, A summary judgment, or accelerated judgment, is a
counterclaim, or cross-claim or to obtain a procedural technique to promptly dispose of cases
declaratory relief may, at any time after the where the facts appear undisputed and certain
pleading in answer thereto has been served, move from the pleadings, depositions, admissions and
with supporting affidavits, depositions or admissions affidavits on record, or for weeding out sham claims
for a summary judgment in his or her favor upon all or defenses at an early stage of the litigation to
or any part thereof. avoid the expense and loss of time involved in a trial.
When the pleadings on file show that there are no
Many times asked in the bar. genuine issues of fact to be tried, the Rules allow a
party to obtain immediate relief by way of summary
TN: Slight ra kaayo ang difference sa J on the P sa
judgment, that is, when the facts are not in dispute,
Summary Judmement (SJ)
the court is allowed to decide the case summarily
Unsa na ang party seeking to recover? by applying the law to the material facts. Phil
Business Bank v Chua Nov 15 2010
- Refers to the claimant –plaintiff, counter
claimant or cross claimant Unsa nang genuine issue?
Pede ba ng defendant mahimong claimant pod? - Factual issue that calls for presentation of
evidence
- The opposite of genuine issue is a sham Ang issue nlang ana: consti or unconsti ba ng
contrive or set in bad faith or patently ordinance, there is no more presentation of
unsubstantial issue evidence so proper ang SJ.
So ang SJ is a proper when Pleadings of the parties ex: the issue left is not genuine meaning naay
raised only a legal issue and not a genuine issue as factual issue but no need presentation of evidence
to any material fact. pede ra affidavits.
Summary judgment in a litigation is resorted to if ex: torts, a pedestrian P is being bump by D, filed
there is no genuine issue as to any material fact, damages against D. he alleged that D driving
other than the amount of damages. If this verity is recklessly and he was bump he was hospitalized
evident from the pleadings and the supporting spend thousands, he ask 1M actual damages, moral
affidavits, depositions and admissions on file with the damages also. In his answer, D admitted that he
court, the moving party is entitled to such remedy as bump the victim but he argued that the amount
a matter of course. prayed for is excessive. So ang gilalisan run ang
amount sa damages nalang wa nay issue if
Summary judgment is a procedural device for the
negligent a cya or not. Ang amount of damages
prompt disposition of actions in which the pleadings
moo nalng ang issue nabilin. It is no longer
raise only a legal issue, and not a genuine issue as to
considered as genuine issue. Unsay buhaton ani?
any material fact. By genuine issue is meant a
question of fact that calls for the presentation of - pede ra na i-present ang receipts sa
evidence. It should be distinguished from an issue nagasto ug mu execute ug affidavit ang
that is sham, contrived, set in bad faith and patently complainant nya i-attached ang receipt so
unsubstantial. Puyat vs sabarte feb 26 2001 pede ma decisionan without hearing.
When SJ Proper? Distinction no 2:
- Left merely a legal issue or pertains only to J on the P –no more issue
the amount of evidence recovered under
SJ- there is an issue but the same is not genuine and
sec 2 and 3
the same may be proved by depositions, affidavits,
- When the issue left pertains only to the legal admissions, stipulations
issue, kana sa kaso duha ka class sa issue
Motion for SJ may be filed by the plaintiff OR
resolved: 1 factual issue 2. Legal issue
defendant and the same is proper if there is no more
Factual issue: nangutang ba or wala nakabayad ba genuine issue involved except as to the amount of
or wala damages or merely legal in nature Ybiernas v
gabaldon june 1 2011
Legal issue: what provision of law are to be applied
A summary judgment is granted to settle
For summary judgment to be valid, Rule 34, Section
expeditiously a case if, on motion of either party,
3 of the Rules of Court, requires:
there appears from the pleadings, depositions,
(a) that there must be no genuine issue as to any admissions, and affidavits that no important issues of
material fact, except for the amount of damages; fact are involved, except the amount of damages.
and Ybiernas v gabaldon june 1 2011
(b) that the party presenting the motion for summary Problem:
judgment must be entitled to a judgment as a
P recovery of P against D, P allege that he is the
matter of law.
owner of the lot be he inherited the lot from his
if ang nabilin is legal issue nalang- no need to parents. D alleged that he bought the prop from the
present evidence kay necessary rna evidence if parents of P where they are still alive and attached
naay factual issue. SJ is proper if legal issue nalang the notarized deed of sale, P did not file a reply. May
nabilin especially sa action na declaratory relief way D file a motion for SJ?
presentation of evidence ana kay ang gi question
- Yes, SJ may be filed may be filed by the P or
ana is ang validity of ordinance raman.
D if the issue is no more genuine. P admitted
ex: way bakuna di pasudlon sa private or public the genuiness of the doc. By not filing a reply
establishment-ordinance gi issue sa city counsel
Summary judgment is resorted to in order to avoid
long drawn out litigations and useless delays. When
affidavits, depositions and admissions on file show
that there are no genuine issues of fact to be tried, Section 3. Motion and proceedings thereon. — The
the Rules allow a party to pierce the allegations in motion shall cite the supporting affidavits,
the pleadings and to obtain immediate relief by way depositions or admissions, and the specific law relied
of summary judgment. In short, since the facts are upon. The adverse party may file a comment and
not in dispute, the court is allowed to decide the serve opposing affidavits, depositions, or admissions
case summarily by applying the law to the material within a non-extendible period of five (5) calendar
facts. Puyat vs sabarte feb 26 2001 days from receipt of the motion. Unless the court
3rd distinction: orders the conduct of a hearing, judgment sought
shall be rendered forthwith if the pleadings,
J on the P may be filed only by the claimant who is supporting affidavits, depositions and admissions on
the party seeking to recover upon a claim, file, show that, except as to the amount of
counterclaim, or cross-claim. damages, there is no genuine issue as to any
SJ: filed either by the claimant or defending party material fact and that the moving party is entitled to
Garcia vs llamas dec 8 2003 judgment as a matter of law.
A motion for J on the P or SJ may be filed before pre- Any action of the court on a motion for summary
trial or be taken up during pre-trial regarding the judgment shall not be subject of an appeal or
propriety of rendering a summary judgment petition for certiorari, prohibition or mandamus.
dismissing the case based on the disclosures made Section 4. Case not fully adjudicated on motion. —
at the pre-trial or a judgment based on the If on motion under this Rule, judgment is not
pleadings, evidence identified and admissions rendered upon the whole case or for all the reliefs
made during pre-trial."Pascual vs FIRST sought and a trial is necessary, the court may, by
CONSOLIDATED RURAL BANK (BOHOL), INC feb 8 examining the pleadings and the evidence before
2018 / heirs of Morales vs agustin june 6 2018 it and by interrogating counsel, ascertain what
If the def admitted all MA but raised affirmative material facts exist without substantial
defense, SJ is improper but if there is genuine issue SJ controversy, including the extent to which the
is proper. Iloilo jar corp vs comglasco corp jan 18 amount of damages or other relief is not in
2017 controversy, and directing such further proceedings
in the action as are just. The facts
In the motion filed by the movant, he should so ascertained shall be deemed established, and
attached affidavits, depositions, admissions or the trial shall be conducted on the controverted
specific law relied upon especially if the issue to be facts accordingly.
resolved is merely a legal issue.
The court may also render partial sum judgment
4th Distinction: under sec 4
SJ the movant he should attached affidavits, Ang problem lang if partial SJ, Judgment cannot be
depositions, admissions or specific law relied upon subject to execution or cannot be subject to appeal
while J on the P no need to attached affidavits, bec it has to wait the disposition of the entire case
depositions, admissions or specific law relied upon.
Section 5. Form of affidavits and supporting papers.
Same sa J on the P rule na being a LM it
— Supporting and opposing affidavits shall be made
should be in writing and a copy of the on personal knowledge, shall set forth such facts as
motion should be furnished by the adverse would be admissible in evidence, and shall show
party so that the adverse party is given the affirmatively that the affiant is competent to testify
opportunity to comment. to the matters stated therein. Certified true copies of
SJ not subject sa appeal or CPM all papers or parts thereof referred to in the affidavit
shall be attached thereto or served therewith.
But if I grant sa court?
Base on Personal knowledge
- Decision ang I subject sa appeal not the
order same ra sa rule sa J on the P Section 6. Affidavits in bad faith. — Should it appear
If denied? to its satisfaction at any time that any of the
affidavits presented pursuant to this Rule are
- The order denying the SJ is considered an presented in bad faith, or solely for the purpose of
interlocutory order- not subject to an appeal delay, the court shall forthwith order the offending
and CPM under 2nd para sec 3 rule 35. party or counsel to pay to the other party the
amount of the reasonable expenses which the filing
of the affidavits caused him or her to incur, including In case the judgment is of acquittal, it shall state
attorney's fees, it may, after hearing further adjudge whether the evidence of the prosecution absolutely
the offending party or counsel guilty of contempt. failed to prove the guilt of the accused or merely
failed to prove his guilt beyond reasonable doubt. In
Subject of a penalty
either case, the judgment shall determine if the act
---------BREAK------------ or omission from which the civil liability might arise
did not exist
Partial sum J is considered merely an interlocutory
order and cannot be subject of appeal and it has to
wait for the disposition of the entire case. It cannot
Unsa manang judgment ? ug unsa may difference
be a subject for writ of execution. Useless ra cya.
sa decision?
Province of pangasinan vs CA march 31 1993
Judgment vs decision
One case, the court entered a partial judgment
after that the plaintiff said: di nako interested s uban - there is technical distinction
remedy: if that is the case, if the claimant waives the
1. D: it refers to the entire document. Gkan sa
other remedies that he is asking for the partial SJ
title until sa pinaka last
would now be considered as final judgment which
would be subject to appeal already. Judgment: refers to the fallo or dispositive
portion ex: wherefore
Except where the claimant expressly waived his
other demands or cause of actions not disposed of Unsa mn sd nang final order? Vs interlocutory order?
in the sum judgment bec there is nothing more for
- Very important bec the remedies differ!
the court to adjudicate with respect to the
complaint.The supposed SJ is considered final
judgment and subject to appeal. Filipino telephone
1. FO: is one that finally disposes of a case
corp vs radio marine network inc aug 4 2010 / moteri
leaving nothing more to be done by the
foods corp v acer jose sept 11 2005
court in respect to the case. Calderon v
roxas jan 29 2013
RULE 36 IO: does not terminate or finally dispose of a

case but leave something to be done by the
Judgments, Final Orders and Entry Thereof courts. It does not put an end to the
Section 1. Rendition of judgments and final orders. — proceedings.
A judgment or final order determining the merits of
the case shall be in writing personally and directly
prepared by the judge, stating clearly and distinctly 2. FO: can be subject of an appeal
the facts and the law on which it is based, signed by IO: cannot be subject to appeal
him, and filed with the clerk of the court.
Ex: def would file a D to E and if it is granted. Court
Sec 2 rule 120 crim pro counterpart ani. will dismiss the case. Naa pabay buhaton ang court?
Section 2. RULE 130 Contents of the judgment. — If - No more
the judgment is of conviction, it shall state (1) the
legal qualification of the offense constituted by the - So the granted order is a final one.
acts committed by the accused and the If way buhaton –final order but if mg padaun pa ang
aggravating or mitigating circumstances which kaso that is interlocutory / __________. One issued by
attended its commission; (2) the participation of the the court after the filing but before decision.
accused in the offense, whether as principal,
accomplice, or accessory after the fact; (3) the The test to ascertain Whether the order is
penalty imposed upon the accused; and (4) the civil interlocutory or final is DOES IT LEAVE SOMETHING TO
liability or damages caused by his wrongful act or BE DONE IN TH TRAIL COURT WEITH RESPECT TO THE
omission to be recovered from the accused by the MERTIS OF THE CASE?
offended party, if there is any, unless the Why do we need to distinguish between FO and IO?
enforcement of the civil liability by a separate civil
action has been reserved or waived. - basis of finding the proper remedy
FO: appeal

IO: appeal is not a remedy, it could be a petition for pede ba na usbon tu sa court ang order? (katong
certiorari but it is not automatic. Certiorari cya if gi dismiss nya kay way RJ daw) there is change of
there GAD. mind.
Ex: def filed a D to E if I grant ang dem to evi it is final - Yes bec the order denying the MD is merely
order bec the court has no nothing more to do considered an IO which can be change by
the court at any time before judgment,
If D to E is denied: IO na? naa pabay buhatonon ang
pede mausab ang huna2x sa court.
court?
What are the requirements of a valid rendition of a
- Yes kay he has to present evidence.
judgment or FO under sec 1 rule 35?
- The remedy of def is not appeal when his
5 req
dem to evi is denied. Bec the order is merely
interlocutory 1. It must be in writing
- It is also possible that petition for certiorari is 2. It must be personally and directly prepared
not a proper remedy kay it is only proper if by the judge
there is GAD.
3. It must state clearly and distinctly the facts
So unsay remedy? and the law on which it is based.
- Present evidence Summary sa unsay gi present sa plaintiff then
and evidence sa defendant then ruling sa
- After presentation, if decision is adverse then
court.
file an appeal
Ex: collection of sum of money
It has been held that "an interlocutory order does not
terminate or finally dismiss or finally dispose of the Between P and D asa tuhuan sa court. I cite
case, but leaves something to be done by the court sa judge ang specific
before the case is finally decided on the merits. It law/rules/jurisprudence sa iyang gi choose
refers to something between the commencement to believe
and end of the suit which decides some point or
matter but it is not the final decision on the whole
controversy."19 Conversely, a final order is one which 4. It must be signed by him
leaves to the court nothing more to do to resolve the
5. It must be filed with the clerk of the court.
case. The test to ascertain whether an order is
interlocutory or final is: "Does it leave something to Ang judge I submit na sa COC iyang
be done in the trial court with respect to the merits decision patatakan ug received. That would
of the case? If it does, it is interlocutory; if it does not, be the time the decision will be public. Also
it is final." MBTC vs CA april 17 2001 the orders of the court.
IO cannot be subject of an appeal
An interlocutory order is always under the control of What will happen if the decision fail to comply “state
the court and may be modified or rescinded upon the law and facts which is based constitutional
sufficient grounds shown at any time before final mandate?
judgment. Dimaampao v alug feb 18 2015
– The decision is void if the decision failed to
Ex: motion to dismiss: res judicata or any of those 4 state the facts and the law on which it is
grounds in sec 1 rule 9. File ang defendant og MD on based.
the ground of res judicata and it was denied. What
What is the purpose or functions?
kind of order denying the MD? FO or IO?
- It is intended, among other things, to inform
- IO
the parties of the reason or reasons for the
What is the remedy of def? decision so that if any of them appeals, he
can point out to the appellate court the
- file ug answer
finding of facts or the rulings on points of law
Pg file ug answer after that there should be with which he disagrees. velarde vs social
presentation of evidence. After trial here comes the justice society
decision, supposed the court is convinced that the
action is really barred by prior judgment after trial.
- The requirement is an assurance to the If immediately executory na ilang

parties that, in reaching judgment, the judge agreement no need to wait the 15 day
did so through the processes of legal period.
reasoning. velarde vs social justice society
A party who entered into CA is deemed to
april 28 2004 citing pp vs bugarin 339 scra
waived his right to file appeal.
550
When both parties enter into CA to end pending
litigation-presumed that such action constitute a
- The parties to a litigation should be inform on waiver to the right of appeal. Diamond builders
how it is decided with the explanation of the conglomeration v country bankers insurance corp
factual reason and legal reasons that led to dec 13 2007 / Gadrinab vs Salamanca June 11, 2014
the conclusion of the court. Go vs East
Is there an instance na pwede cya mu appeal?
Oceanic Leasing & Finance Corporation,
G.R. No. 206841-42, January 19, 2018 SC: As a rule, a judgment on compromise is
not appealable and is immediately
Decisions or orders issued on disregard on the consti
executory unless a motion is filed to set aside
mandate that it should state the facts and the law
the compromise on the ground of fraud,
in which it is based is patently void. Velarde case
mistake or duress, in which event an appeal
A decision that does not conform to the form and may be taken from the order denying the
substance required by the Constitution and the law motion. A judgment based upon a
is void and deemed legally inexistent. To be valid, compromise is more than a mere contract
decisions should comply with the form, the and, with more reason, it has also the force
procedure and the substantive requirements laid of res judicata. Without legal cause, it
out in the Constitution, the Rules of Court and cannot be unilaterally repudiated by a
relevant circulars/orders of the Supreme party. mabale v apalisok feb 6 1979
Court. VELARDE v. SOCIAL JUSTICE SOCIETY G.R. NO.
What is a compromise agreement?
159357. April 28, 2004
- A contract that makes reciprocal
Is there a decision na valid cya even the facts and
concessions to aid and put an end to a
the law is not stated?
lawsuit
- Decision based on compromise agreement-
When can parties make a compromise agreement?
one rendered by the court entirely base by
compromise agreement entered by the - Pending trial, pending appeal or even if the
parties submitted by the court for approval. decision is final and executory.
Exception to the rule that the facts and law
Ex: P filed an ejectment case, daog cya but pede
must be state clearly and distinctly.
ra ghapon mgsabot.
Erx: P mikiha sa D sa utang na 1M, ng agree clan a
The parties can enter into a CA even if there
byran ug installment. Unsay form sa kasabotan ana?
is already a decision, which is final and
“Herein parties P and D hereby sgree on the ff:
executory. It is as if that they have entered
1. D is indebted to the P in the amount of 1 M’ into a novation magbanua v uy may 6 21005
2. The P agrees that the amount will be paid by
the D within 10 months 100K per month every
Upon approval of a CA it becomes a
1st day of the month “
judgment that is subject of execution and
Decision: decision base on compromise agreement not just a mere contract binding upon the
parties. Diamond builders v country bankers
The parties submitted to the court the CA which
insurance corp dec 21 2007
states as follows: (I quote ra ang prov) then
dispositive portion dayon “ court hereby agrees the What if wala gi pa approved sa court valid ba
same” ghapon?
A judgment on CA- is a judgment on the merits; it - Yes between the parties
has the effect of res judicata and is immediately final
- But the problem is if one of the parties do not
and executory.
comply to the agreement – the party cannot
As a rule, J on CA is not subject of appeal. seek relief for its enforcement

What is sin perjuicio judgment? indispensable part of the decision. Francisco vs

permskul may 12 1989
- which is a judgment without a statement of
the facts in support of its conclusion to be Requisites in order for a memorandum decision to
later supplemented by the final judgment. be valid:
The same is void. dizon v lopez sept 5 1997
1. Provide for DIRECT access of the facts and
BAR Q: law being adapted which must be
contained statement attached to the
What is a memorandum decision?
decision.
- - is one rendered by appellate court which
2. It cannot incorporate the findings of fact
adopts by reference the findings of facts
and the conclusions of law of the lower court
and conclusion law contained in a decision
only by remote reference, which is to say
of a lower court.
that the challenged decision is not easily
Ex: “adopt in toto the decision of the lower and immediately available to the person
court” “this resolve the appeal filed by the reading the memorandum decision.
plaintiff from the decision of the HLURB 10 aug
“After going through the evidence in record the
1994 after a careful study and thorough
court finds no cogent reason to disturb the finding of
evaluation of the case this office is convinced
the MTC” is it valid?
that the decision of HLURB –therefore hereby
adapts the conclusion of law.” Solid homes Inc. - It is a void memorandum decision Yao vs CA
vs lacerna April 8 2008 oct 24 2000
- rendered by an appellate court Unsaon gni tu arun ma valid?
It incorporates _____________ - It must be stated in the memo decision that
the appellate court affirms the decision of
Is a memorandum decision Valid ? void?
the MTC AND a copy of the decision is
- It is valid attached to the memo decision.
SC: it does not violate the consti mandate that the BAR Q:Unsa nang judgment note? Or confession of
facts and law on which it is based must be stated. judgment/ judgment note?
Oil and Natural Gas Commission v CA july 22 1998
- a JN refers to a provision in the promissory
There is no question that the purpose of the law in note whereby in case the PN is not paid at
authorizing the memorandum decision is to maturity the maker authorizes an atty to
expedite the termination of litigations for the benefit appear and confess judgment thereon for
of the parties as well as the courts themselves. the principal amount on his behalf.
Francisco vs permskul may 12 1989
- Debtor authorizes a lawyer to confess
____________________ judgment, mu admit sa liability: atty fees,
principal amount, interest etc.
That same circumstance is what will move us now to
lay down the following requirement, as a condition PNB vs manila oil refining june 28 1992 –that kind of
for the proper application of Section 40 of B.P. Blg. provision in the PN is invalid under our jurisdiction bec
129. The memorandum decision, to be valid, cannot the debtor is waiving his day in court. It is against
incorporate the findings of fact and the conclusions public policy na his waiving in advance his right to
of law of the lower court only by remote reference, appear in court.
which is to say that the challenged decision is not
Confession of J different from Judgment upon
easily and immediately available to the person
confession
reading the memorandum decision.
What is judgment upon confession?
For the incorporation by reference to be allowed, it
must provide for direct access to the facts and the Judgment upon confession is one which is rendered
law being adopted, which must be contained in a against a party upon his petition or consent. It usually
statement attached to the said decision. In other happens when the defendant appears in court and
words, the memorandum decision authorized under confesses the right of the plaintiff to judgment or files
Section 40 of B.P. Blg. 129 should actually embody a pleading expressly agreeing to the plaintiff’s
the findings of fact and conclusions of law of the demand. .it is VALID Manufacturers bank and trust
lower court in an annex attached to and made an co v woodworks Inc dec 218 1970
Section 2. Entry of judgments and final orders. — If Section 5. Separate judgments. — When more than
no appeal or motion for new trial or reconsideration one claim for relief is presented in an action, the
is filed within the time provided in these Rules, the court, at any stage, upon a determination of the
judgment or final order shall forthwith be entered by issues material to a particular claim and all
the clerk in the book of entries of judgments. The counterclaims arising out of the transaction or
date of finality of the judgment or final order shall be occurrence which is the subject matter of the claim,
deemed to be the date of its entry. The record shall may render a separate judgment disposing of such
contain the dispositive part of the judgment or final claim. The judgment shall terminate the action with
order and shall be signed by the clerk, within a respect to the claim so disposed of and the action
certificate that such judgment or final order has shall proceed as to the remaining claims. In case a
become final and executory. separate judgment is rendered the court by order
may stay its enforcement until the rendition of a
- Ang dispositive portion sa every case isuwat subsequent judgment or judgments and may
sa book of entries. prescribe such conditions as may be necessary to
- Ang pg suwat moo nay entry of judgment secure the benefit thereof to the party in whose
favor the judgment is rendered. (5a)
Anus-a na isuwat?
Section 6. Judgment against entity without juridical
- After the lapse of the 15/30 day period if personality. — When judgment is rendered against
there is no MNT, MR or appeal. two or more persons sued as an entity without
TN: The date of finality of the judgment or final order juridical personality, the judgment shall set out their
shall be deemed to be the date of its entry individual or proper names, if known. (6a)
Old rule: lahi ang date of finality ug ang date of

entry
Why date of entry of Judgment is important?
- -reckoning day for the accounting of a 5 yr
period within which a judgment could be
enforced by a mere motion.
- Ang date of entry of judgment mooy
basehan sa pag-ihap sa 6 months period for
the filing of petition for relief of judgment
under rule 38.
TN: The date of finality of the judgment or final order

shall be deemed to be the date of its entry
Bsan pa ug wa pa masuwat it shall be deemed that
the date of entry would be the date of finality.
Section 3. Judgment for or against one or more of
several parties. — Judgment may be given for or
against one or more of several plaintiffs and for or
against one or more of several defendants. When
justice so demands, the court may require the
parties on each side to file adversary pleadings as
between themselves and determine their ultimate
rights and obligations. (3)
Section 4. Several judgments. — In an action against
several defendants, the court may, when a several
judgment is proper, render judgment against one or
more of them, leaving the action to proceed
against the others. (4)

November 7, 2021 Why is it important to determine WON the order is

Final Order or Interlocutory Order?
Choy
- remedy sa aggrieved party is
different
RULE 36 - -according to SC: to determine the
classification, the determination is
Judgments, Final Orders and Entry Thereof
vital because the kind of order (Final
Section 1. Rendition of judgments and final orders. — Order or Interlocutory Order)
A judgment or final order determining the merits of determines the kind of remedy to be
the case shall be in writing personally and directly sought.
prepared by the judge, stating clearly and distinctly Remedy:
the facts and the law on which it is based, signed by
him, and filed with the clerk of the court. (1a) Final Order- Appeal
Interlocutory Order – may be a petition for certiorari
TN: Distinction of Judgement on the Pleading vs under rule 65. Petition for certiorari could only be
Summary Judgment availed if there is grave abuse of discretion (GAD) in
the issuance of the order but if there is no GAD then
petition for certiorari is not the remedy.
Rule 36 about Judgment, Final Order, Entry Ex: the defendant filed motion to dismiss on the
Must be able to distinguish Final Order from ground of Res Judicata but it was denied.
Interlocutory Order! basic kaau, ayaw sud exam if What is the remedy?
makalimot kas distinction.
- File his answer
DECISION- refers to the final consideration of the
court upon matters submitted to it in an action or Unless the court acted in GAD in denying his motion
proceeding. If it is final order (FO), for example, court dismiss the
FINAL ORDER- an order that finally disposes of a case case for failure of plaintiff to appear when the case
leaving nothing more to be done to the court with is set for presentation of his evidence with prejudice.
respect to the case. What is the remedy?
Ex: rule 17 sec 3 when the plaintiff fails to appear - appeal
during the presentation for his evidence in chief, the
court, may dismiss the case for failure to prosecute What will happen if the plaintiff thru his counsel will
or failure to appear. file a petition for certiorari?
The order of dismissal is considered a final - Fatal, the order of the court is final and
order. Because the case is dismissed there is executory –he could no longer file a case.
nothing more to be done by the court or The order cannot be reviewed by the higher
during pre-trail plaintiff fails to appear, court court because he availed the wrong
has discretion to dismiss the case, the order remedy.
is considered Final Order. What are the requirements of a valid rendition of a
What about if the defendant files a motion to dismiss decision or final order.?
on the ground of res judicata but the court denies The most important: decision or final order must be
the motion, what kind of Order is it? clearly and distinctly state the facts and law in which
- Interlocutory Order it is based- constitutional mandate . It is very
important, if the court does not comply the
Why? mandate the decision would be void. Estilos vs
- Because despite the issuance of the Generoso Nov 10 2014, Velarde vs SSJ April 28 2004
order, the case has to continue there SC: the reason of this requirement is to inform the
is something more to be done by the party of the reason or rationale of the decision so
court it does not end or terminate the that any of them can appeal and he can point out
case. to the Appellate Court the error of the Lower Court.
It gives an assurance to the parties that the court in

reaching the decision did so thru the process of legal If namatay na nya naay na promulgate ang judge
reasoning. na decsion but di na pede I publish na.
Unsa nang facts? Asa manguha ang court ana? Unsaon nlang man?
- evidence sa I present sa parties. - A new judge mupuli
Can the new judge render the decision even if di
cya moo ang nakapaminaw sa testimonies or ng
- Lain lain arguments sa parties kay if walay
conduct s trial?
arguments, Judgment on the pleadings is
done. The court will state the version of the - Yes
Plaintiff and the Defendant and ruling asa
- A judgment promulgated after the judge
tuhuan nya I explain why nitoo ka sa plaintiff
who has ceased office is not valid and
and defendant.
binding. For a judgment to be valid, it must
be signed during the incumbency of the
judge who signed it. PP v Lambao. March 17,
- Sa ruling moo ni balaud moo ni gi present na
1993
evidence ari ko motoo sa plaintiff or
defendant then eexplain why. So that if mu - However, the retirement of a judge who tried
appeal sila if the court decided in favor of the case is not one of the grounds for
one , I point sa losing party why saup ang granting a re-trial and there is no legal
lower court. But if satisfied ang losing party, impediment for the new judge to decide the
he is convinced that the decision of the case even if he was not the one who heard
court is right basing the facts and law di na it. PP vs Gonzales G.R. No. L-40727.
cya mu appeal. Moo I state ang law and September 11, 1980
facts.
Judgment based on compromise

- That is the requirement stated by the agreement is immediately executory upon
constitution itself. approval of the court the parties who signed
the compromise agreement are deemed to
have waived their right to appeal.
Naay isa ka decision na di mg need ug facts and
Pede ma appeal but the aggrieved party
law?
has to asked the court to set aside the
- Decision base on compromise agreement compromised agreement itself on the
ground of vitiated consent mabali v apalisok
- Essence sa compromise agreement is to
feb 6 1979 / diamond builders v country
meet halfway
december 13 2007
Ex: naa kay collectible 1M including the interest
Same sa pg anull sa contract on the ground
nihangyo ang defendant na minusan ang interest,
of force, intimidation or vitiated consent.
nangau cya ug deduction sa interest ug 200k, kung
di musugot ang plaintiff kay gusto cya pabayrun jud
sa gikasabutan sa contract, do you thin 200K ln
Supposed the compromise agreement of the
gang gasto all the way to SC? More than pa na
parties was not approved by the court, wala gi
What about an a final order, should it comply with submit sa court- that would be binding between the
the requirement for a valid rendition? parties but if one of the parties does not comply they
cannot asked help of the court to execute the
- Yes state the facts and the law in which it is
agreement. Diamond builders case
based otherwise void. Martinez v Gwen April
5 2017 Not the same sa decision based on the compromise
agreement which can be enforced by writ of
- A decision should be rendered by the judge
execution.
during its incumbency. Nag retire bawal na
mgbuhat ug decision.
Ex: Nov 5 effectivity date sa retirement di na cya mu What is sin perjuicio judgment?
render ug decision ng ka nov 8

- A judgment without statement of the facts easily and immediately available to the person
in support of the conclusion of the court- reading the memorandum decision. For the
void incorporation by reference to be allowed, it must
provide for direct access to the facts and the law
- It is void because the facts and the law must
being adopted, which must be contained in a
be stated.
statement attached to the said decision. In other
TN: what is memorandum decision? words, the memorandum decision authorized under
Section 40 of B.P. Blg. 129 should actually embody
- rendered by the appellate court by
the findings of fact and conclusions of law of the
adapting by reference the decision of the
lower court in an annex attached to and made an
lower court. Oil and Natural Gas Com vs CA
indispensable part of the decision.
July 23 1998
- Not by remote reference
Compliance bana sa requirement kung ang
Appellate Court muingon ra na “the court hereby - A memo decision should be sparingly used.
adapts in toto the decision of the Lower Court”, dili I uran2x pang occasion lang.
pede bana?
SC: A memo decision should be sparingly used and
- SC: The memorandum decision, to be valid, may be resorted to where the facts are in the main
cannot incorporate the findings of fact and accepted by the parties and easily determinable by
the conclusions of law of the lower court the judge and no doctrinal issue involved.
only by remote reference, which is to say
that the challenged decision is not easily
and immediately available to the person What is the rationale why gi allowed ang
reading the memorandum decision. For the memorandum decsion?
incorporation by reference to be allowed, it
- naa sa BP 129 the purpose of the law is to
must provide for direct access to the facts
expedite the litigation for the benefit of the
and the law being adopted, which must be
parties and the court. Francisco case
contained in a statement attached to the
said decision. In other words, the - tagsa dapat rani I use kana ra if way lalis sa
memorandum decision authorized under facts sa case
Section 40 of B.P. Blg. 129 should actually
SC: Despite the convenience afforded by the
embody the findings of fact and
memorandum decision, it is still desirable that the
conclusions of law of the lower court in an
appellate judge exert some effort in restating in his
annex attached to and made an
own words the findings of fact of the lower court and
indispensable part of the decision. Solid
presenting his own interpretation of the law instead
Homes Inc. v la serna april 8 2008
of merely parroting the language of the court a quo
as if he cannot do any better. There must be less
intellectual indolence and more pride of authorship
Yao vs CA oct 24 2000 – void memo decision
in the writing of a decision, especially if it comes from
“ In so doing, she merely quoted the dispositive an appellate court. Francisco case
portion of the MeTC and stated that" [a]fter going
over the evidence on record, the Court finds no
cogent reason to disturb the findings of the Bar q:
Metropolitan Trial Court.” Yao vs CA oct 24 2000
What is a judgment note or confession of judgment?
RTC in affirming the decision of the MTC one
- a Judgement Note refers to a provision in a
sentence lng after going over the records the court
Promissory Note (PN) wherein the debtor in
finds no cogent reason to disturb the decision of the
case the PN is not paid the debtor or the
lower court , SC said it is void because as ruled in
maker of the PN authorizes any lawyer to
Francisco vs Permskul and reiterated in la serna
appear in court and confess judgment on
case, the court laid down the conditions for the of
his debt for the amount on the note, atty
validity of memorandum decisions, thus:
fees and etc,.
The memorandum decision, to be valid, cannot
- It is not valid because it is a violation of the
incorporate the findings of fact and the conclusions
public policy for the debtor bargains away
of law of the lower court only by remote reference,
which is to say that the challenged decision is not
his day in court, that cannot be done –void - Reckoning date of 5 yr period within which
ni cya. Phil National Bank vs __ June 8 1992 the execution can be made thru a mere
motion.
- 6 months
Confession of Judgment vs Judgment upon
Confession When lapse of time?
J upon confession is valid. It is rendered against a - 15 days when record of appeal (ROA) is NOT
party upon his petition or consent, naa nay case gi a requirement.
file sa court then the defendant expressly admits his
- 30 days if ROA is needed
liability to the plaintiff -that is valid. manufacturers
bank vs wood words December ___2018
Compromise Agreement becomes final and
executory immediately upon approval of
Section 2. Entry of judgments and final orders. — If the court. Di na mg wait sa 15 day period
no appeal or motion for new trial or reconsideration because wa may appeal ana unless iya I pa
is filed within the time provided in these Rules, the set aside ang compromise agreement itself.
judgment or final order shall forthwith be entered by
the clerk in the book of entries of judgments. The Approved compromise agreement and
date of finality of the judgment or final order shall be render decision based thereon which is the
deemed to be the date of its entry. The record shall reckoning point sa 6 months period.
contain the dispositive part of the judgment or final
order and shall be signed by the clerk, within a
certificate that such judgment or final order has What do you mean by doctrine of immutability of
become final and executory. (2a, 10, R51) judgment?
- Once the judgment becomes final and
executory, it becomes immutable and
What is entry of judgment? unalterable. It could no longer be change.
- Presupposes that the order has become final - Not even the SC can correct an order that
and executory. has become final and executory.
When final and executory? Before the defendant has become final and
- After the lapse of the 15/30 day period to file executory the trial court has the inherent power to
appeal and there is no Motion for modify, change or reversed it even set aside moto
Reconsideration (MR), Motion for New Trial pro prio at any time before the decision become
(MNT) or appeal filed. final and executory or before an appeal from that
decision or final order has been perfected. If wa pa
- The date under sec 2 when the decision na ma final and executory but if naa nay appeal gi
becomes final and executory would be also file di na ka change. PP v Villanueva may 27 2006 /
the same date of the entry of judgment. mark copper v briones sept 19 1988
Before amendment: the date of finality is different Once a defendnant has already become final and
from the date of entry. executory, it could no longer be altered, any
- if kanus-a masuwat sa book of entries mooy amendment or alternation which substantially
basihan sa date of entry kay usahay maka affects the Final Judgement is null and void for lack
limot tang clerk of court (COC) ug suwat of jurisdiction. The only power of the court is to
moo ma prejudice ang parties sa omission sa execute the decision, no power to set aside, alter,
COC. change. Swine Agricultural v Hyundai Corp June 9
2005
PRESENT RULES:
The doctrine of immutability of judgment has 2
- But now that has been corrected by sec 2 purposes:
- The date of final order is the date of entry 1. To avoid delay in the administration of justice
Unsay gamit? 2. To put an end to judicial controversy at the
risk of occasional errors which is precisely
why courts exist
Purpose: operates to correct judicial errors nor to

"supply omitted action by the court."99 Its sole
“a litigation has to come to an end”
purpose is to make a present record of a
"judicial action which has been actually
taken.
One case: pede mausab pero ang amount ra sad.
Decision in support cases.
Decision on support cases especially the amount will - Kanang disposition of the court isuwat nas
never become final and executory it can be subject book of entries of judgment naay usahay
to change. malimtan man so mao na nag court inig
maka remember pede nga mo order na ipa
enter katong judgment sauna sa record
But there are 4 instance where pede ma set aside moo nay gitawag na ug Judgment nunc pro
ang decision, amend, alter or change. What are tunc.
those?
The doctrine of immutability of judgment, however,
- Hence, courts cannot render a judgment of
is not an iron-clad rule. It is subject to several
order nunc pro tunc in the absence of data
exceptions, namely:
regarding the judicial act sought to be
(1) The correction of clerical errors; recorded.
(2) The so-called nunc pro tunc entries which cause - In Lichauco, There was no visible data
no prejudice to any party; appearing in the case records to establish
that the trial court actually approved the
(3) Void judgments; and
lease contract in dispute.
(4) Whenever circumstances transpire after the
finality of the decision rendering its execution unjust
and inequitable. mercury drug corp vs Sps. Huang VOID JUDGMENT
Aug 30 2017
A void judgment or decision never acquires the
status of a Final and Executory judgment.
CLERICAL ERRORS: When mahitabo ang court maka render ug void
judgment?
Clerical errors or ambiguities in the dispositive
portion of the judgment may result from - Kanang way jurisdiction.
inadvertence- this can be modified without violating
- Imperial v armis jan 30 2017 a void judgment
the immutability of judgment- provided di maka
may be a subject of direct attack thru a
prejudice sa parties.
petition for annulment of judgment under
One case, erroneously indicated that the lot number rule 43 or petition for certiorari under 65, it
of the dispute property, instead of 1898 ang sa could be also attacked collaterally by a
decision 1868 ang na indicate. questioning its validity in another action
where it is involved. mercury case Aug 30
According to SC: It is just a typographical error
2917
which can be corrected by the court. Baguio vs
vandal dec 29 1988
NUNC PRO TUNC ENTRIES: HAPPENING OF A SUPERVENING EVENT:

- "Nunc pro tunc" is a Latin phrase that means - ground to set aside or amend a final and
"now for then." executory judgment.
Unsa nang Supervening Event?
- A judgment nunc pro tunc is made to enter - refers to facts which occurs or transpires after
into the record an act previously done by judgment has become final and executory
the court, which had been omitted either or new circumstances which occurred or
through inadvertence or mistake. It neither develop after the judgment has acquired

finality including matters which the plaintiff - Ex: ex sa several judgment wherein the court
are not aware prior to trial as this facts not may render several judgment
yet in. existence during that time. Natalia
- Usually sa isa ka kaso isa ray decision but if
realty vs CA Nov 12 2002
ang liability niining isa ka party pede ma
Ex: forcible entry, after hearing the court rendered separate, the court could render several
judgment ordering the defendant to vacate the judgment
property. Diha may quieting of title ng gi file ang
Ex: expropriation case, pede daghan defendant,
defendant. TN: ang quieting of title ug ejectment no
example kalsada bg-o gi open dghan maagi-an. 1
res judicata because sa ejectment ang issue na kay
case rani expropriation but many defendants
possession ra while in quieting ng-involve kay
pwede ang court mu render ug 1 decision pede sad
ownership ug possession.
several decisions kay lain2x cla ug interest.
SC: Dri sa quieting of title giignun na si defendant
mooy tg iya.
SC: ang decision sa quieting of title ma consider na Section 5. Separate judgments. — When more than
supervening event which could be a ground to set one claim for relief is presented in an action, the
aside the decision of ejectment case. Roman court, at any stage, upon a determination of the
Catholic vs Abella Nov 23 2005 issues material to a particular claim and all
counterclaims arising out of the transaction or
One case: labor case, the NLRC ruled that there is occurrence which is the subject matter of the claim,
illegal dismissal and NLRC ordered reinstatement. may render a separate judgment disposing of such
Supposed the relationship between the parties has claim. The judgment shall terminate the action with
become so estranged making reinstatement respect to the claim so disposed of and the action
impractical. shall proceed as to the remaining claims. In case a
SC: the strained relationship between EER can be separate judgment is rendered the court by order
considered supervening event that rendered may stay its enforcement until the rendition of a
decision ordering reinstatement impossible. Bani subsequent judgment or judgments and may
Rural Bank v De Guzman nov 13 2013 prescribe such conditions as may be necessary to
secure the benefit thereof to the party in whose
favor the judgment is rendered.
Section 3. Judgment for or against one or more of - About a situation where in the plaintiff has
several parties. — Judgment may be given for or joined in 1 complaint several causes of
against one or more of several plaintiffs and for or action.
against one or more of several defendants. When
justice so demands, the court may require the - The plaintiff may in his complaint joined 2 or
parties on each side to file adversary pleadings as more causes of action , the court is allowed
between themselves and determine their ultimate also to make a separate action for 1 cause
rights and obligations. of action joined.
- Secs 3, 4, 5 moo instances na ang court
- Rmember joinder of parties may be joined in
maka render ug 2 or more separate decision
a case , pede sad ang court if there is joinder
of parties the court may render judgment for -
1 or more parties.
Section 6. Judgment against entity without juridical
- Pede lain lain sad ang judgment. personality. — When judgment is rendered against
two or more persons sued as an entity without
juridical personality, the judgment shall set out their
Section 4. Several judgments. — In an action against individual or proper names, if known.
several defendants, the court may, when a several
judgment is proper, render judgment against one or - Remember naa group of persons pretending
more of them, leaving the action to proceed themselves to be duly registered where in
against the others. fact they are not cannot file case as a
registered corp, but they can be sued as if
- Prehas ras tenor sa sec 4 wherein the court they are duly registered.
can render separate judgment.

Sa decision sa court di man cla duly registered, discovered and produced at the trial, and
under sec 6, the judgment shall set out the individual which if presented would probably alter the
names of persons that composed the groups. result.
Within the same period, the aggrieved party may

DIFFERENT POST JUDGMENT REMEDIES!! VERY also move for reconsideration upon the grounds
IMPORTANT that the damages awarded are excessive, that the
evidence is insufficient to justify the decision or final
order, or that the decision or final order is contrary to
Unsay remedies available to the aggrieved parties? law. (1a)
Categorized these remedies into 2: Should be filed within period of taking an appeal
1. Remedies before judgment or final order has - 15/30 from receipt of the copy of a final
become final and executory. order
2. Post Judgment remedies after the decision - 15- if the appeal of the case does not
has become final and executory. requires ROA
- 30 –requires ROA
Before a judgment has become final and exec are: - MR and MNT can be filed within the period
of 15/30 AND before an appeal has been
1. MR rule 37 taken
2. MNT rule 37 - Di na pede ma avail if naka file ug appeal
3. Motion for reopening of trail –provided in bsan within pa sa 15/30 day period.
jurisprudence
TN: This is applicable to all appeal an aggrieved
4. Appeal –rule 40-45 party who has filed or perfected appeal - cannot be
filed a MR MNT
After the decision or final order has attained finality:

Supposed he would withdraw his appeal in order to
1. Petition for relief from judgment r 38
file MNT, is it allowed?
2. Petition for annulment of judgment r 47
- No if nakafile and I withdraw the same in
3. Petition for certiorari r 65 order to file MR or MNT because he has
change, his mind the decision becomes final
and executory.
Is an MR a condition sine qua non before filing an
RULE 37 appeal?
New Trial or Reconsiderations -No MR is not a pre-requisite for filing appeal. It is only
a requisite for filing a petition for certiorari but not an
Section 1. Grounds of and period for filing motion for appeal.
new trial or reconsideration. — Within the period for
taking an appeal, the aggrieved party may move
the trial court to set aside the judgment or final order A motion for extension of time to file an MR is
and grant a new trial for one or more of the following not allowed. Mandatory jud nan a I file within
causes materially affecting the substantial rights of 15/30 day period to file appeal, if such
said party: motion of extension is filed it does not stop
the running of the prescriptive period. March
(a) Fraud, accident, mistake or excusable
11 2015 Gonzales v herano
negligence which ordinary prudence could
not have guarded against and by reason of - MR or MNT need I file sa di pa mahimong
which such aggrieved party has probably final and executory ang decision.
been impaired in his rights; or
When gni ma final and executory?
(b) Newly discovered evidence, which he
- After lapse of period –filing an appeal
could not, with reasonable diligence, have
Interlocutory order can be subject of MR anytime. Very material that decision of the court
Why? probably change the judgment if admitted
Kondo v civil registrar march 4 2020
- Interlocutory order will never acquire finality
so it can be subject of an MR in fact that the What if dunay evidence but due to inadvertence
court can amend the Interlocutory Order at wa na present. pede ground for new trial?
any time before judgment
- no because that is not newly discovered,
- Interlocutory order meaning provisional in one of the requirement kay dapat “it must
nature pede ka change ang court moto not be existing”.
proprio or upon motion at anytime.
- That is not a newly discovered evidence but
Ex: Motion to dismiss on the ground of res judicata, a forgotten evidence – not a ground for ne
denied ang motion, after hearing 2 yrs of hearing, trial.
convince ang court na naay Res Judicata. Pede
What is the remedy?
mausab ang order?
What if the evidence is so material but forgot to
- Yes, Interlocutory Order never acquires
present it during trial, remedy is reopening of the
finality and can be a subject of an MR at any
proceedings.
time before judgment. dimaampao v alub
feb 18 2015 On what ground?
What are the grounds for new trail? - In the interest of justice. That motion can be
file after presentation of evidence but
2 grounds:
before the decision become final and
1. FAME executory.
2. Newly discovered evidence
What do you mean by newly discovered evidence? Section 2. Contents of motion for new trial or
- refers to evidence that was discovered only reconsideration and notice thereof. — The motion
after trail and such evidence could not have shall be made in writing stating the ground or
discovered and produced in the trial even grounds therefor, a written notice of which shall be
with the exercise of reasonable diligence. served by the movant on the adverse party.
Requirement: A motion for new trial shall be proved in the manner

provided for proof of motion. A motion for the cause
1. The evidence was discovered only after trail mentioned in paragraph (a) of the preceding
2. Such evidence could not have discovered and section shall be supported by affidavits of merits
produced in the trial even with the exercise of which may be rebutted by affidavits. A motion for
reasonable diligence. the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom
3. It is material not merely corroborative or such evidence is expected to be given, or by duly
cumulative authenticated documents which are proposed to
The requisites for newly discovered evidence under be introduced in evidence.
Section 2, Rule 121 of the Revised Rules of Criminal A motion for reconsideration shall point out a
Procedure are: specifically the findings or conclusions of the
(a) The evidence was discovered after the trial; judgment or final order which are not supported by
the evidence or which are contrary to law making
(b) Such evidence could not have been discovered express reference to the testimonial or documentary
and produced at the trial with reasonable diligence; evidence or to the provisions of law alleged to be
and contrary to such findings or conclusions.
(c) That it is material, not merely cumulative, A pro forma motion for new trial or reconsideration
corroborative or impeaching, and is of such weight shall not toll the reglementary period of appeal. (2a)
that, if admitted, will probably change the judgment
What are the 3 grounds of Motion for
What do you mean by material? Reconsideration?
- very important, that once presented the
decision of the court might be different
Under our rules of procedure, a party adversely 1. When it is a 2nd MR – 1 MR ra ang allowed
affected by a decision of a trial court may move for
2. It did not comply with the rule that the motion
reconsideration thereof on the following grounds:
must specify the findings and conclusions alleged to
(a) The damages awarded are excessive; be contrary to law or not supported by the
evidence.
(b) The evidence is insufficient to justify the decision;
or Indeed, in the cases where a motion for
reconsideration was held to be pro forma, the
(c) The decision is contrary to law.
motion was so held because:
(1) it was a second motion for reconsideration, or
In MR, the movant is asking the court to re-
(2) it did not comply with the rule that the motion
examine the evidence on record because
must specify the findings and conclusions alleged to
for the movant the decision is contrary to the
be contrary to law or not supported by the
evidence presented or contrary to existing
evidence, or
laws or jurisprudence.
(3) it failed to substantiate the alleged errors, or
In MR, there will be no reception of evidence
not same as a new trial that there will be trial (4) it merely alleged that the decision in question
or presentation of evidence. was contrary to law, or
MR- mu argue raka why nasaup ang court. (5) the adverse party was not given notice thereof.
Valencia Bukidnon Farmers Cooperative Marketing
TN grounds for MR.
Association, Inc. v. Heirs of Cabotaje, G.R. No.
Naay uban mu file ug Mr IN ORDER TO HAVE FRSH 219984, April 3, 2019
PERIOD TO FILE APPEAL.
- I specify nmo asa saup

When to file MR?
The requirement which the petitioner supposedly
- Within 15 day period failed to observe in filing his motion for
reconsideration was the failure to attach an affidavit
Supposed mu file kag MR sa 14th day- 1 day nalang
of merit to the same. Private respondents argue that
imong sobra sa filing of a notice of appeal?
a motion for reconsideration is equivalent to a
- NO, mubalik sa 15 day period. Neypes v CA motion for new trial and, under Section 2 of Rule 37,
Sept 14, 2005 – fresh period rule. when the motion for new trial is filed, affidavits of
merits should be attached to the motion.
SC: Once again, private respondents misinterpreted
TN! Neypes v CA applicable ni sa tanan modes of
the rules. While it is true that a motion for
appeal asta sa SC
reconsideration is equivalent to a motion for new
- A MR or MNT is considered a litigious motion. trial if based on a ground for new trial (2 Moran, 1970
Edition, p. 222), the so-called "motion for
Unsay rule sa litigious motion?
reconsideration" which is not called as such in Rule
- It must be in writing, copy of which must be 37 is the term commonly used to refer to a motion
furnish to adverse party. for new trial under subdivision (c) of Section 1 of Rule
37. An affidavit of merit is required in a motion for
Why?
new trial pursuant to Section 2 of Rule 37 if the
- Given opportunity to comment - 5 day from motion for new trial is based on any of the causes
the receipt of the MOTION, court has mentioned in subdivision (a) of Section 1 of Rule 37,
discretion to set the motion for hearing. to wit, fraud, accident, mistake or excusable
When is the MR considered pro forma? negligence. No similar requirement is imposed for a
motion for new trial or motion for reconsideration
- a pro forma motion for reconsideration is one under subdivision (c) of the same section. Mendoza
that does not comply with requirement of v. Bautista, G.R. No. L-45885, April 28, 1983, 206 PHIL
the rules. 654-663)
When an MR considered pro forma? - Affidavit of merit does not require to be
attached. Mendoza v bautista april 28 1983
constituting either FAME and his meritorious

defense.
What if igo ra mi reiterate sa iyang arguments pg
usab? - FAME + affidavit
- Precisely ma file na cya ug MR kay gusto ipa What will happen for MNT on the ground of FAME na
tan-aw pag usab ang iyang argument moo way gi attached na affidavit of merit?
gi present pg balik, the mere fact that a
- Denied, considered pro forma motion
party who files MR reiterates the issues raised
by the parties and ruled upon by the court We find, however, that the aforesaid affidavit of
does not make the MR a pro forma. merit falls short of the requirement of the law. Under
Otherwise, the movants remedy would not our Rules of Court, an affidavit of merit must not only
be MR but some other remedy. contain facts constituting the movant’s good and
substantial defenses but must also state the nature
and character of the fraud, accident, mistake or
- The mere reiteration in a motion for excusable negligence on which the motion for relief
reconsideration of the issues raised by the was based. An examination of the affidavit of merit
parties and passed upon by the court does filed by plaintiffs-appellants reveals that while it sets
not make a motion pro forma otherwise, the down plaintiffs’ defenses against the claims of
movant's remedy would not be a defendant, it does not specify or state the accident
reconsideration of the decision but a new or negligence supporting their prayer for relief. It is
trial or some other remedy. Valencia true that the accident or excusable negligence is
Bukidnon Farmers Cooperative Marketing mentioned in the motion for reconsideration as the
Association, Inc. v. Heirs of Cabotaje, G.R. alleged withdrawal of their attorney without
No. 219984, April 3, 2019 notifying them of the date of the hearing, yet We
shall not forget that even if the affidavit of merit were
in conformity with the provisions of the Rules of
MR/ MNT on the ground of FAME? Court, the granting or denial of a motion for relief
largely depends upon the discretion of the Court
- Fraud-extrinsic fraud
and under the circumstances of the case, We
- Accident- not able to present his evidence cannot declare that the lower Court abused its
because of accident. discretion in issuing the order denying the motion for
reconsideration. G.R. No. L-12379 July 31, 1958 -
MNT- usa sa remedy sa defaulted defendant
NUGUID & NUGUID v. VENANCIO CARIÑO
- Mi file ug MNT most likely wa ka present
Where the defendants file a motion for new trial
evidence kay na defaulted.
under section 1(c) of Rule 37 and the evidence they
- It could be because of FAME allegedly failed to present is so unsubstantial and
futile that it can not have the effect of altering the
nature of the decision rendered, new trial should be
What are the requirements basta FAME: denied. Miranda v legaspi 92 phil 920
1. Motion must be verified Affidavit of Motion not required if the motion for new
2. Motion must state the circumstances trial is based on newly discovered evidence. Sa
constituting FAME FAME ra ni.
When is a MNT considered pro forma?
Di pede muingon lang “ motion asking for MNT on
the ground of extrinsic fraud” dapat I state ang - Does not comply with the requirement set
circumstances na ng constitute sa FAME. forth in sec 1 and 2 may 15 1992 dapin v
deonaldo
3. The meritorious defense
- A petition for MNT or MR is one filed for the
4. There must be attached to the motion an
sake of form should not stop the
affidavit of merit
reglementary period. Dapin case
Unsa nang affidavit of merit?
Section 3. Action upon motion for new trial or
- It is an affidavit executed by the movant that reconsideration. — The trial court may set aside the
contained facts or circumstances judgment or final order and grant a new trial, upon
such terms as may be just, or may deny the motion.
If the court finds that excessive damages have been In filing an appeal, unsay I appeal ang decision or
awarded or that the judgment or final order is kaning order denying MR?
contrary to the evidence or law, it may amend such
- The decision or final order that is the subject
judgment or final order accordingly. (3a)
of the reconsideration.
What are the options of the court if MR/ MNT is filed? - 2nd MR is not allowed but in the SC,
1. Grant according to their internal rules – allowed
provided a prior leave of court is granted.
2. Deny
- Pede sa SC basta naay permission sa court
Seldom rna mahitabo ang court mu reconsider
Dunay decision na 4 instance of MR- league of cities
TN: always remember temperate words especially in case
filing motions for MR or MNT
Ang MR I file before the decision becomes
- MR-most abuse remedy final and executory.
Section 4. Resolution of motion. — A motion for new Exc: SC allows it provided naay leave of court. Laya
trial or reconsideration shall be resolved within thirty Phil Veterans Bank Jan 10 2018
(30) days from the time it is submitted for resolution.
- Motion shall be resolved within 30 days
Section 6. Effect of granting of motion for new trial.
— If a new trial is granted in accordance with the
Section 5. Second motion for new trial. — A motion provisions of this Rules the original judgment or final
for new trial shall include all grounds then available order shall be vacated, and the action shall stand
and those not so included shall be deemed waived. for trial de novo; but the recorded evidence taken
A second motion for new trial, based on a ground upon the former trial, insofar as the same is material
not existing nor available when the first motion was and competent to establish the issues, shall be used
made, may be filed within the time herein provided at the new trial without retaking the same. (5a)
excluding the time during which the first motion had - There shall be retaking of evidence
been pending.
- Trial de novo
No party shall be allowed a second motion for
reconsideration of a judgment or final order - If the ground is newly, discovered
evidence- the newly discovered
evidence shall be presented as
No 2nd MR but pede naay 2nd MNT additional evidence. Previous
evidence shall stay in record.
2nd MR
- Newly disc evidence does not refer
Ex: court mi issue ug order dismissing the case on the only to object and documentary
ground of failure to prosecute, P filed MR, granted, evidence it could also be a witness.
the defendant filed and MR asking the court to
reconsider the order granting the P’s motion for Section 7. Partial new trial or reconsideration. — If
recon, pede makafile ug MR ang denfendant? the grounds for a motion under this Rule appear to
According to P di na pede kay 2nd MR na daw. the court to affect the issues as to only a part, or less
than an of the matter in controversy, or only one, or
SC: what is prohibited is a 2nd MR filed BY the same less than all, of the parties to it, the court may order
party involving the same judgment or resolution. a new trial or grant reconsideration as to such issues
There, the 2nd motion alleged is not filed by the P but if severable without interfering with the judgment or
by denfendant. It involves diffirent subject since final order upon the rest. (6a)
what is the subject of MR by P is the order granting Section 8. Effect of order for partial new trial. —
D’s MR while the subject of D’s MR is the order When less than all of the issues are ordered retried,
granting P’s motion. Boot vs duhali oct 2 2017 the court may either enter a judgment or final order
For example defendant filed an MR, it was denied. as to the rest, or stay the enforcement of such
What is the remedy? judgment or final order until after the new trial. (7a)
Section 9. Remedy against order denying a motion
for new trial or reconsideration. — An order denying
a motion for new trial or reconsideration is not proprio issue a writ of execution, there has to be a
appealed, the remedy being an appeal from the motion for execution. This will apply if the defendant
judgment or final order. (n) will not comply despite the rendition of the decision.
EXAMPLE: If it is stated in the decision, there is a
judgment that he must pay and so if the defendant
complied to pay there is no need for execution. But
if the defendant did not comply with the decision of
the court, then there has to a Motion for Execution
for the court to issue a Writ of Execution.
Q: Considering that it is a matter of right, if the court
SKIP: Rule 38 and 39
denies the motion for execution. What is the remedy
JCL & JHS NOTES (rule 39) of the plaintiff?
RULE 39: EXECUTION, SATISFACTION AND EFFECT OF A: The remedy is MANDAMUS because it is a matter
JUDGMENTS of right.
EXECUTION is the remedy for the enforcement of If the appeal has been duly perfected and finally
judgment. It is usually done by filing a Motion for resolved, the execution may forthwith be applied for
Execution after the decision has become final and in the court of origin, on motion of the judgment
executory. The decision is useless if it is not executed. obligee, submitting therewith certified true copies of
the judgment or judgments or final order or orders
Ramus vs Combol, 510 Phil 277 sought to be enforced and of the entry thereof, with
notice to the adverse party.
According to the Supreme Court, litigation must end
The appellate court may, on motion in the same
and terminate sometime and somewhere and it is
case, when the interest of justice so requires, direct
essential to an effective administration of justice that
the court of origin to issue the writ of execution
once the decision has become final the issue on
cause involved therein should be laid to rest. The second paragraph states that if there is an
appeal. If there is an appeal but the appeal has
Hernan vs Sandiganbayan, G.R. No. 217874, Dec. 5,
been finally resolved, the execution may be made
2017
in the court of origin on motion of the winning party
According to the Supreme Court, every litigation such as the plaintiff. It was discussed that if the one
must come to an end once. A judgment becomes of the party appeals, the records of the case will be
final and executory and appealable. Just as a losing forwarded to the appellate court.
party has a right to file an appeal within the
Q: So if the adverse decision all the way to the SC
prescribed period, the winning party also has the
was affirmed from RTC and CA. Where will the
right to enjoy the finality of the resolution of his case
motion of execution be filed?
by the execution and satisfaction of the judgment
A: It shall be filed in the court of origin.
which is the light of the law.
Q: If the record of the case has not been returned to
Section 1. Execution upon judgments or final orders.
the court of origin, how will the court of origin know
— Execution shall issue as a matter of right, or
that the appeal was resolved?
motion, upon a judgment or order that disposes of
A: It must be attached in the motion for execution,
the action or proceeding upon the expiration of the
the certified true copy of the decision and the entry
period to appeal therefrom if no appeal has been
of judgment. Attachment to the motion should be
duly perfected.
the certified true copy of the judgment or final order
Under this paragraph, it states that execution is and the entry of judgment or final order. A copy of
mandatory if there is no appeal. In other words, the motion should also be furnished to the adverse
once the decision has become final and executory party.
or after the lapse of the period to file appeal, the
execution becomes a matter of right. It is the Q: When will know that there is entry of judgment?
ministerial duty of the court to issue a writ of A: The date of finality would automatically become
execution upon motion. The court cannot motu the date of entry.

Q: Suppose the court of origin, denies the motion for 6 When the writ is issued against the wrong
execution. What is the remedy of the wining party? party.
A: It was previously mentioned in the first paragraph 7 When the judgment debt has been paid or
that if there is no appeal filed and the motion for satisfied.
execution is denied, the remedy is MANDAMUS.
The exceptions are based on the ruling in the case
However, if there is an appeal, if appeal has been
of Wilkson vs Del Rosario, 46 Phil. 41.
filed and finally resolved. When the motion for
execution is denied by the court of origin, the Section 2. Discretionary execution. —
remedy of the winning party is not mandamus but
the remedy is to file a MOTION before the appellate a Execution of a judgment or final order
court asking the appellate court to direct the court pending appeal. — On motion of the
of origin to issue a writ of execution (MOTION FOR prevailing party with notice to the adverse
EXECUTION OF JUDGMENT as mentioned in the last party filed in the trial court while it has
paragraph). jurisdiction over the case and is in possession
of either the original record or the record on
Q: Are there instances that a judgment even if the
appeal, as the case may be, at the time of
same has already become final and executory
the filing of such motion, said court may, in its
could not be enforced by execution?
discretion, order execution of a judgment or
A: The general rule is judgment shall be enforced by
final order even before the expiration of the
execution once it becomes final and executory.
period to appeal.
Q: Are there instances that a decision or a judgment After the trial court has lost jurisdiction the
even if the same has already become final and motion for execution pending appeal may
executory, the same could not be executed? be filed in the appellate court.
A: Yes, the Supreme Court has provided the Discretionary execution may only issue upon
exceptions. Among the exceptions are the good reasons to be stated in a special order
following: after due hearing.
1 When there has been a change in the b Execution of several, separate or partial
situation of the parties which makes the judgments. — A several, separate or partial
execution inequitable. judgment may be executed under the same
2 When it appears that the controversy has terms and conditions as execution of a
never been submitted to the judgment of judgment or final order pending appeal.
the court
3 When the judgment has been novated by
the subsequent agreement of the parties. Under this section, this is about discretionary
◦ EXAMPLE: Parties entered into a execution or execution pending appeal. It was
compromise agreement after the taught that when there is an appeal, the execution
decision. (It should be remembered that of the decision shall be stayed. There are however,
a compromise agreement can be few instances wherein a decision even if it is pending
entered even if there is a decision.) So, if appeal can be executed. This is what we call as
there is now a compromise agreement, EXECUTION PENDING APPEAL or DISCRETIONARY
then it could prevent the execution of EXECUTION.
the decision. As mentioned in Rule 41 Sec. 9 (Perfection of
4 When it appears that the writ of execution Appeal; effect thereof), on of the residual powers of
was improvidently issued. the court of origin is it could issue a writ of execution
◦ In other words, the requisites for the pending appeal provided it is still in possession of the
issuance of the writ of execution of was record of the case. If it is forwarded to the appellate
not followed court, then the appellate court should be the one
◦ EXAMPLE: The motion was not filed. who should issue the writ of execution.
5 When the writ of execution is defective in
In execution pending appeal, can only be granted
substance.
if there are good reasons for the issuance of the writ
and the good reason should be stated in the special immediately executory, shall be enforceable after
order after due hearing. In the codals, it does not their rendition and shall not, be stayed by an appeal
mention what are these good reasons are, however taken therefrom, unless otherwise ordered by the
jurisprudence provides these instances: trial court. On appeal therefrom, the appellate court
in its discretion may make an order suspending,
1 Proven insolvency of the debtor (Lao vs
modifying, restoring or granting the injunction,
Mencias, 21 SCRA 21)
receivership, accounting, or award of support.
2 Object of the judgment will perish during the
pendency of the appeal (Ong vs CA, 203 Under this section, these are the instances wherein
SCRA 38) the execution is mandatory even if the case is
3 Failure to post supersedeas bond, especially pending appeal. In other words, the judgment is
in ejectment cases. The decision in immediately executory without prejudice to further
ejectment cases in MTC are immediately appeal.
executory but it can be stayed if:
3.a The defendant files an appeal In what actions or cases that are immediately
3.b He has to post supersedeas bond executory?
3.c He has to make periodic deposits before 1 Injunction
the RTC while the case is pending appeal  EXAMPLE: The court issued a TRO and
(Sec. 19, Rule 70) preliminary injunction. The trial court
ordered the injunction to be permanent,
In Sec. 2(b) is about execution of separate or partial
he filed an appeal and despite the
decision, the conditions for the issuance of Writ of
appeal, the decision shall not be stayed.
Execution Pending Appeal apply to the execution of
On the other hand, when the appellate
several and separate or partial judgment. The
court would reverse the decision of the
execution pending appeal may be stayed or may
trial court, such as it would set aside the
not be implemented if the adverse party would
injunction order. The order of the
pose SUPERSEDEAS BOND. The purpose of the
appellate court setting aside the
SUPERSEDEAS BOND is to answer the judgment of the
injunction cannot also be stayed so it is
court in case the defendant would lose the case or
immediately executory without
satisfy the judgment. The reason why the plaintiff
prejudice to further appeal and so with
would file a Motion for Execution Pending Appeal
the TRO. (Santiago vs Vasquez, G.R. No.
because he might think that the defendant cannot
992289-90, Jan 27, 1993).
satisfy the judgment. The defendant in order to stay
 According to the Supreme Court,
the execution, would file a supersedeas bond. The
judgment in an injunction shall not be
supersedeas bond would answer if ever the
stayed by appeal and the execution of
defendant fails to satisfy the judgment once the
the judgment dissolving or setting aside
appeal is resolved.
the writ of preliminary injunction shall not
Section 3. Stay of discretionary execution. – also be stayed by appeal and so with the
Discretionary execution issued under the preceding TRO.
section may be stayed upon approval by the proper 2 Receivership
court of a sufficient supersedeas bond filed by the 3 Accounting
party against whom it is directed, conditioned upon 4 Support
the performance of the judgment or order allowed ◦ EXAMPLE: If the plaintiff will file an action
to be executed in case it shall be finally sustained in of support and was granted, even of the
whole or in part. The bond thus given may be defendant files an appeal, he has to
proceeded against on motion with notice to the comply with the order of the court
surety. despite the appeal being taken by the
Section 4. Judgments not stayed by appeal. — defendant.
Judgments in actions for injunction, receivership, 5 Such Other Judgment as may be declared
accounting and support, and such other judgments to be immediately executory
as are now or may hereafter be declared to be

Section 5. Effect of reversal of executed judgment. 2 By action – when we say action it is the filing
— Where the executed judgment is reversed totally of the case
or partially, or annulled, on appeal or otherwise, the Q: Where is the case filed and what is its
trial court may, on motion, issue such orders of nature?
restitution or reparation of damages as equity and A: According to the Supreme Court, in its
justice may warrant under the circumstances. latest decision in the case of Anama vs
Citibank, G.R. No. 192048, Dec 13, 2017. An
In the event that the trial court has issued a writ of action as an action to revive judgment raises
execution pending appeal but later on the decision issues of whether the petitioner has a right to
of the court is reversed by the appellate court, then have the final and executory judgment
there has to be restitution or reparation. revived and to have the judgment enforced
and does not involve recovery of sum of
Section 6. Execution by motion or by independent
money, the jurisdiction over a petition to
action. — A final and executory judgment or order
revive judgment is properly with the RTC.
may be executed on motion within five (5) years
Furthermore, the Supreme Court further said
from the date of its entry. After the lapse of such
that an action for revival of judgment is
time, and before it is barred by the statute of
considered as incapable of pecuniary
limitations, a judgment may be enforced by action.
estimation. So, it is possible that the case was
The revived judgment may also be enforced by
decided by the MTC but if not executed
motion within five (5) years from the date of its entry
within 5 years, the complaint for the revival
and thereafter by action before it is barred by the
of judgment shall be filed in the RTC.
statute of limitations.
Under this section, there are two ways of executing Miranda vs Miranda, G.R. No. 179638, July 8,
a final and executory judgment: 2013
An action for revival of judgment is a new
1 By mere motion within the period of 5 years and independent action where you will pay
from entry of judgment. (The date of finality another docket fees and all the
shall also be the date of finality of judgment.) requirements for an initiatory pleading. It is
- The decision can be executed by mere different and distinct from the original
filing of a motion or motion for execution. judgment sought to be revived and
However, after the lapse of the 5 year enforced. As such, a party aggrieved by the
period, the decision could no longer be decision of the court in an action for the
executed by mere motion. The decision can revival of judgment may appeal the decision
be executed by filing a case or by filing an but only in so far as the merits for the action
action. The cause of action would be the for revival is concerned. The original
enforcement of the decision. (!!!) judgment, which is already final and
executory, may no longer be reversed,
Q: Mr. P filed a collection case against Mr. D for the
altered, or modified.
collection of P1 million unpaid loan. The cause of
action is the non-payment of the loan. Mr. P won the Rodel vs Benedicto 25 SCRA 137
collection case and the judgment become final The Supreme Court ruled that the 5 year or 10 year
and executory because there was no appeal by Mr. periods, however, do not apply to special
D. However, Mr. P slept on his rights and the 5 years proceedings such as land registration and cadastral
already lapsed. Can he file a motion for execution? cases wherein the right to ask for a Writ of P ossession
A: No, because it will be denied. He has to file a does not prescribe.
separate case/action and the cause of action is the
enforcement of the decision in the collection case Canonizado vs Benitez, 127 SCRA 610
provided that the 10 year period has not been Another instance wherein the 5 year 10 year period
elapsed. Otherwise the decision of the case could would not apply is in the case of judgment for
no longer be executed even by action. Support. Judgment for support will never become
dormant. The amount can be changed from time to
time depending upon the capacity of the giver and

the needs of the receiver and it can be executed the judgment out of the personal property of
by mere motion despite the lapse of the 5 year the person against whom it was rendered,
period. and if sufficient personal property cannot be
found, then out of the real property; and
Section 7. Execution in case of death of party. — In e In all cases, the writ of execution shall
case of the death of a party, execution may issue or specifically state the amount of the interest,
be enforced in the following manner: costs, damages, rents, or profits due as of the
a In case of the death of the judgment date of the issuance of the writ, aside from
obligee, upon the application of his the principal obligation under the judgment.
executor or administrator, or successor in For this purpose, the motion for execution
interest; shall specify the amounts of the foregoing
b In case of the death of the judgment obligor, reliefs sought by the movant.
against his executor or administrator or
The dispositive portion is quoted in the writ. If the
successor in interest, if the judgment be for
motion is granted, the clerk of court will issue the writ.
the recovery of real or personal property, or
the enforcement of a lien thereon; JUDGMENT ON EXECUTION FOR MONEY
c In case of the death of the judgment obligor,
after execution is actually levied upon any of Section 9. Execution of judgments for money, how
his property, the same may be sold for the enforced. –
satisfaction of the judgment obligation, and (a) Immediate payment on demand. – The officer
the officer making the sale shall account to shall enforce an execution of a judgment for money
the corresponding executor or administrator by demanding from the judgment obligor the
for any surplus in his hands. immediate payment of the full amount stated in the
writ of execution and all lawful fees. The judgment
Section 8. Issuance, form and contents of a writ of
obligor shall pay in cash, certified bank check
execution. — The writ of execution shall: (1) issue in
payable to the judgment obligee, or any other form
the name of the Republic of the Philippines from the
of payment acceptable to the latter, the amount of
court which granted the motion; (2) state the name
the judgment debt under proper receipt directly to
of the court, the case number and title, the
the judgment obligee or his authorized
dispositive part of the subject judgment or order;
representative if present at the time of payment. The
and (3) require the sheriff or other proper officer to
lawful fees shall be handed under proper receipt to
whom it is directed to enforce the writ according to
the executing sheriff who shall turn over the said
its terms, in the manner hereinafter provided:
amount within the same day to the clerk of court of
a If the execution be against the property of the court that issued the writ.
the judgment obligor, to satisfy the If the judgment obligee or his authorized
judgment, with interest, out of the real or representative is not present to receive payment,
personal property of such judgment obligor; the judgment obligor shall deliver the aforesaid
b If it be against real or personal property in the payment to the executing sheriff. The latter shall turn
hands of personal representatives, heirs, over all the amounts coming into his possession
devisees, legatees, tenants, or trustees of the within the same day to the clerk of court of the court
judgment obligor, to satisfy the judgment, that issued the writ, or if the same is not practicable,
with interest, out of such property; deposit said amounts to a fiduciary account in the
c If it be for the sale of real or personal nearest government depository bank of the
property, to sell such property, describing it, Regional Trial Court of the locality.
and apply the proceeds in conformity with The clerk of said court shall thereafter arrange for the
the judgment, the material parts of which remittance of the deposit to the account of the
shall be recited in the writ of execution; court that issued the writ whose clerk of court shall
d If it be for the delivery of the possession of then deliver said payment to the judgment obligee
real or personal property, to deliver the in satisfaction of the judgment. The excess, if any,
possession of the same, describing it, to the shall be delivered to the judgment obligor while the
party entitled thereto, and to satisfy any lawful fees shall be retained by the clerk of court for
costs, damages, rents, or profits covered by
disposition as provided by law. In no case shall the command of the writ, the part or the whole of the
executing sheriff demand that any payment by judgment.
check be made payable to him.
Levy is just the preliminary step because after levy
If the judgment is for money, meaning the comes the so called AUCTION SALE. The properties
defendant is ordered to pay (as mentioned in being levied are not directly turned over to the
paragraph a), if defendant will not pay, the sheriff plaintiff because such properties will be subjected to
will be the one to demand from the defendant. It Auction Sale and will be sold to the highest bidder.
could be in cash or in certified bank checks and will
If the defendant does not have personal properties
be given to the plaintiff. If the plaintiff is not around,
but he has a real property, it could be levied
the sheriff will turnover the payment to the clerk of
because levy can be done on real and personal
court. Then, the clerk of court will turn over the
properties.
payment to the plaintiff.
Q: How are real properties levied by the sheriff?
(b) Satisfaction by levy. – If the judgment obligor A: The sheriff will give notice to the Registry of Deeds
cannot pay all or part of the obligation in cash,
that the properties of the defendant are levied on
certified bank check or other mode of payment execution.
acceptable to the judgment obligee, the officer
shall levy upon the properties of the judgment What if the defendant has shares of stock, then
obligor of every kind and nature whatsoever which Notice of Levy shall be served on the President or
may be disposed of for value and not otherwise Managing Agent of the Corporation.
exempt from execution giving the latter the option
to immediately choose which property or part (c) Garnishment of debts and credits. – The officer
thereof may be levied upon, sufficient to satisfy the may levy on debts due the judgment obligor and
judgment. If the judgment obligor does not exercise other credits, including bank deposits, financial
the option, the officer shall first levy on the personal interests, royalties, commissions and other personal
properties, if any, and then on the real properties if property not capable of manual delivery in the
the personal properties are insufficient to answer for possession or control of third parties. Levy shall be
the judgment. made by serving notice upon the person owing such
The sheriff shall sell only a sufficient portion of the debts or having in his possession or control such
personal or real property of the judgment obligor credits to which the judgment obligor is entitled. The
which has been levied upon. garnishment shall cover only such amount as will
When there is more property of the judgment obligor satisfy the judgment and all lawful fees.
than is sufficient to satisfy the judgment and lawful The garnishee shall make a written report to the
fees, he must sell only so much of the personal or real court within five (5) days from service of the notice
property as is sufficient to satisfy the judgment and of garnishment stating whether or not the judgment
lawful fees. obligor has sufficient funds or credits to satisfy the
Real property, stocks, shares, debts, credits, and amount of the judgment. If not, the report shall state
other personal property, or any interest in either real how much funds or credits the garnishee holds for
or personal property, may be levied upon in like the judgment obligor. The garnished amount in
manner and with like effect as under a writ of cash, or certified bank check issued in the name of
attachment. the judgment obligee, shall be delivered directly to
the judgment obligee within ten (10) working days
Q: What if the defendant cannot pay upon demand from service of notice on said garnishee requiring
by the sheriff? such delivery, except the lawful fees which shall be
A: It must be remembered on money judgments that paid directly to the court.
contempt is not a remedy but the remedy is that the In the event there are two or more garnishees
properties of the defendant will be levied on holding deposits or credits sufficient to satisfy the
execution (as mentioned in paragraph b). LEVY judgment, the judgment obligor, if available, shall
means the act whereby a sheriff sets apart or have the right to indicate the garnishee or
appropriates for the purpose of satisfying the garnishees who shall be required to deliver the

amount due; otherwise, the choice shall be made appointed by the court and the act when so done
by the judgment obligee. shall have like effect as if done by the party. It could
The executing sheriff shall observe the same also be that the court will order the Registry of Deeds
procedure under paragraph (a) with respect to to issue a new title. The court may order the Registry
delivery of payment to the judgment obligee. of Deeds to cancel the title of the defendant and
issue a new title in favor of the plaintiff.
Q: What if the property of the judgment obligor only
has bank deposits, how is it levied? b) Sale of real or personal property. – If the judgment
A: It is called GARNISHMENT. It is a levy on be for the sale of real or personal property, to sell
intangibles. The bank will be given a Notice of Levy. such property, describing it, and apply the proceeds
The sheriff will inquire to the bank f the defendant in conformity with the judgment.
has bank deposits. The bank will reply if the If the order of the court is for the sale of the property,
defendant has bank defendants. The sheriff will then it shall be sold. For example, in the case of
order that such bank deposits will be garnished and partition, the judgment of the court is to sell the
be restricted for withdrawal. property instead of being subjected to partition
EXECUTION ON JUDGMENT ON PROPERTY because it is impractical to do the latter (since the
heirs cannot agreed as to the property division of
Section 10. Execution of judgments for specific act. the real property), then the same shall be sold.
–
(c) Delivery or restitution of real property. – The
(a) Conveyance, delivery of deeds, or other specific officer shall demand of the person against whom
acts; vesting title. – If a judgment directs a party to the judgment for the delivery or restitution of real
execute a conveyance of land or personal property is rendered and all persons claiming rights
property, or to deliver deeds or other documents, or under him to peaceably vacate the property within
to perform any other specific act in connection three (3) working days, and restore possession
therewith, and the party fails to comply within the thereof to the judgment obligee; otherwise, the
time specified, the court may direct the act to be officer shall oust all such persons therefrom with the
done at the cost of the disobedient party by some assistance, if necessary, of appropriate peace
other person appointed by the court and the act officers, and employing such means as may be
when so done shall have like effect as if done by the reasonably necessary to retake possession, and
party. If real or personal property is situated within place the judgment obligee in possession of such
the Philippines, the court in lieu of directing a property. Any costs, damages, rents or profits
conveyance thereof may by an order divest the title awarded by the judgment shall be satisfied in the
of any party and vest it in others, which shall have same manner as a judgment for money.
the force and effect of a conveyance executed in
If the case is for a recovery of a parcel of land, the
due form of law.
sheriff shall demand of the person against whom the
Q: The defendant was ordered by the court to judgment for the delivery or restitution of real
execute a Deed of Sale. The plaintiff filed a case property.
against the defendant because the plaintiff bought EXAMPLE: There is a lessee in your property and you
land from the defendant and already paid in full but won the ejectment case but the lessee will not
the defendant will not execute a Deed of Sale. The vacate the property. The sheriff can force the
court ordered for the execution of the deed of sale. lessees to vacate the property. The sheriff will ask
Can the court cite the defendant in contempt? assistance from the law enforcers for the peaceful
A: No, under Sec. 10(a), if the defendant refuse to turnover of the property but the lessee will be given
comply with the order of the court requiring him to last ultimatum for a period of 3 days to vacate.
execute or sign certain documents such as Deed of
Sale, the court may require another person to Arcadio vs Ilagan, 43 SCRA 168
execute the deed of sale for the defendant. It could Q: There is one case where the defendant
be the clerk of court to execute the deed of sale. padlocked the property. The sheriff destroyed the
The court may direct the act to be done at the cost lock. Is the act of the sheriff valid?
of the disobedient party by some other person

A: Yes, where the premises were padlocked and no Those are the ways in executing decision which are
one was therein at the time the execution was Money Judgment and Specific Acts (execution of a
carried into effect, there was no need for the sheriff document or delivery of real or personal property).
and the plaintiff to secure a break open order in as
Q: What about execution of a Special Judgment like
much as the character of the writ in their hands
in cases in Certiorari, Mandamus Prohibition?
authorized them to break open the premises if they
A: The court can cite the defendant for contempt
could not otherwise execute each command.
while in writ of execution and writ of demolition, the
(d) Removal of improvements on property subject of defendant cannot be cited for contempt because
execution. – When the property subject of the the writ is addressed to the sheriff. It is the sheriff
execution contains improvements constructed or being commanded to execute the decision. The
planted by the judgment obligor or his agent, the only problem is for example, if the persons who
officer shall not destroy, demolish or remove said vacated the premises in an ejectment cases and
improvements except upon special order of the later on returned, that is already a contemptuous
court, issued upon motion of the judgment obligee act (Rule 71) but mere failure to comply with the
after due hearing and after the former has failed to judgment of the court is not contemptuous.
remove the same within a reasonable time fixed by
Section 11. Execution of special judgments. — When
the court. (!!!)
a judgment requires the performance of any act
However under Sec. 10(d), if there is an other than those mentioned in the two preceding
improvement to be demolished or removed, Writ of sections, a certified copy of the judgment shall be
Execution would not be sufficient. There has to be attached to the writ of execution and shall be
another order to be issued by the court and that is a served by the officer upon the party against whom
WRIT OF DEMOLITION. Prior to the issuance of Writ of the same is rendered, or upon any other person
Demolition, there has to be a Motion for Issuance of required thereby, or by law, to obey the same, and
Writ of Demolition. There are two motions. First is such party or person may be punished for contempt
Motion of Execution, then if the court will grant the if he disobeys such judgment.
court will issue a writ of execution. Upon serving by
This refers to special judgments, judgments of the
the sheriff of the writ of execution and if the writ of
court in Mandamus Certioari, and Prohibition.
execution is not satisfied because the defendant
refuse to demolish their houses or improvement, then Q: How is this executed?
a writ of demolition will be filed. A: When a judgment requires the performance of
any act other than those mentioned in the two
EXAMPLE: There are squatters settled in your
preceding sections, a certified copy of the
property. The owner would file either an ejectment
judgment shall be attached to the writ of execution
case or recovery of possession which is accion
and shall be served by the officer upon the party
publiciana. If the squatters will not vacate, a writ of
against whom the same is rendered. If the
execution and a writ of demolition given that the
defendant failed to comply with the decision or
execution of the decision involves removal of an
order of the court, then he could be punished for
improvement. Before the actual demolition, the
contempt.
defendant or defendant should be given
reasonable time to remove by themselves the Section 12. Effect of levy on execution as to third
structures. The rules did not define reasonable time – persons. – The levy on execution shall create a lien
it is a question of fact. There is no fixed period in favor of the judgment obligee over the right, title
provided by the rules. There are guidelines if it and interest of the judgment obligor in such property
involves informal settlers, the local government will at the time of the levy, subject to liens and
be notified for possible relocation. encumbrances then existing.
Sec 10(e) Delivery of personal property. — In Under this section, this is about levy on execution.
judgment for the delivery of personal property, the The levy on execution shall create a lien in favor of
officer shall take possession of the same and the judgment oblige but subject to the rights of
forthwith deliver it to the party entitled thereto and encumbrancers. So, if there are prior
satisfy any judgment for money as therein provided. encumbrancers, their rights should be respected.
Section 13. Property exempt from execution. – during the period within which the judgment may be
Except as otherwise expressly provided by law, the enforced by motion. The officer shall make a report
following property, and no other, shall be exempt to the court every thirty (30) days on the
from execution: proceedings taken thereon until the judgment is
(a)The judgment obligor’s family home as provided satisfied in full, or its effectivity expires. The returns or
by law, or the homestead in which he resides, and periodic reports shall set forth the whole of the
land necessarily used in connection therewith;(b) proceedings taken, and shall be filed with the court
Ordinary tools and implements personally used by and copies thereof promptly furnished the parties.
him in his trade, employment, or livelihood;(c) Three
Under this section, it refers to the return of the writ –
horses, or three cows, or three carabaos, or other
meaning the report of the sheriff as to whether the
beasts of burden, such as the judgment obligor may
same has been executed or not.
select necessarily used by him in his ordinary
occupation;(d) His necessary clothing and articles Q: What is the lifetime of the Writ of Execution?
for ordinary personal use, excluding jewelry;(e) A: The lifetime of the writ or the writ is effective only
Household furniture and utensils necessary for within 5 years after the entry of judgment. In other
housekeeping, and used for that purpose by the words, if the writ of execution is issued on the 4th year,
judgment obligor and his family, such as the the court issued the writ, the writ shall remain
judgment obligor may select, of a value not effective for only one year or before the lapse of the
exceeding one hundred thousand pesos;(f) 5 years from entry of judgment.
Provisions for individual or family use sufficient for four
months;(g) The professional libraries and equipment Section 15. Notice of sale of property on execution.
of judges, lawyers, physicians, pharmacists, dentists, – Before the sale of property on execution, notice
engineers, surveyors, clergymen, teachers, and thereof must be given as follows:
other professionals, not exceeding three hundred a In case of perishable property, by posting
thousand pesos in value;(h) One fishing boat and written notice of the time and place of the
accessories not exceeding the total value of one sale in three (3) public places, preferably in
hundred thousand pesos owned by a fisherman and conspicuous areas of the municipal or city
by the lawful use of which he earns his livelihood;(i) hall, post office and public market in the
So much of the salaries, wages, or earnings of the municipality or city where the sale is to take
judgment obligor for his personal services within the place, for such time as may be reasonable,
four months preceding the levy as are necessary for considering the character and condition of
the support of his family;(j) Lettered gravestones;(k) the property;
Monies, benefits, privileges, or annuities accruing or b In case of other personal property, by
in any manner growing out of any life insurance;(l) posting a similar notice in the three (3) public
The right to receive legal support, or money or places above-mentioned for not less than
property obtained as such support, or any pension five (5) days;
or gratuity from the Government;(m) Properties c In case of real property, by posting for twenty
specially exempted by law. (20) days in the three (3) public places
Under this section, it refers to properties exempt from above-mentioned a similar notice
execution. For example, Family Home regardless of particularly describing the property and
value, clothing, salaries and wages but subject to a stating where the property
certain percentage (25%), pension (but not to is to be sold, and if the assessed value of the
VAWC cases), etc. Familiarize the list. property exceeds fifty thousand (P50,000.00)
pesos, by publishing a copy of the notice
Section 14. Return of writ of execution. – The writ of once a week for two (2) consecutive weeks
execution shall be returnable to the court issuing it in one newspaper selected by raffle,
immediately after the judgment has been satisfied whether in English, Filipino, or any major
in part or in full. If the judgment cannot be satisfied regional language published, edited and
in full within thirty (30) days after his receipt of the circulated or, in the absence thereof, having
writ, the officer shall report to the court and state the general circulation in the province or city;
reason therefor. Such writ shall continue in effect
d In all cases, written notice of the sale shall be the bond unless the action therefor is filed within one
given to the judgment obligor, at least three hundred twenty (120) days from the date of the filing
(3) days before the sale, except as provided of the bond.
in paragraph (a) hereof where notice shall The officer shall not be liable for damages for the
be given at any time before the sale, in the taking or keeping of the property, to any third-party
same manner as personal service of claimant if such bond is filed. Nothing herein
pleadings and other papers as provided by contained shall prevent such claimant or any third
section 6 of Rule 13.The notice shall specify person from vindicating his claim to the property in
the place, date and exact time of the sale a separate action, or prevent the judgment obligee
which should not be earlier than nine o’clock from claiming damages in the same or a separate
in the morning and not later than two action against a third-party claimant who filed a
o’clock in the afternoon. The place of the frivolous or plainly spurious claim.
sale may be agreed upon by the parties. In
Q: What is the remedy for example, a car of A was
the absence of such agreement, the sale of
borrowed by his brother B, but B has a judgment to
real property or personal property not
pay a loan. The sheriff levied the car. What is now
capable of manual delivery shall be held in
the remedy of the 3rd party claimant?
the office of the clerk of court of the
A: When we say 3rd party, he is not a party to the
Regional Trial Court or the Municipal Trial
case and he has a claim against a property which is
Court which issued the writ or which was
levied upon by the sheriff. His remedy is to execute
designated by the appellate court. In the
an affidavit alleging the basis of his claim of
case of personal property capable of
ownership or possession. The affidavit is called
manual delivery, the sale shall be held in the
TERCERIA.
place where the property is located.
Q: What is a TERCERIA?
After levy on execution, next step is an auction sale. A: This refers to an affidavit executed by a 3rd party
There has to be a notice as to the date and time of claimant. Under this section, if a property levied on,
the auction sale. Without notice, the sale would be it could be personal or real property, is claimed by
void. If the property to be sold in an auction sale is a any person other than the judgment obligor, and
real property, there has to be a publication if the such person makes an affidavit of his title or right to
assessed value exceed P50,000. The notice should the possession thereof stating the grounds of such
be posted in conspicuous places such as in the city right or title and serves the same upon the officer
hall or public market, otherwise the sale will be void. making a levy and the copy thereof upon the
judgment oblige.
Section 16. Proceedings where property claimed by
third person. — If the property levied on is claimed In short, he will make an affidavit, a copy is given to
by any person other than the judgment obligor or his the sheriff, plaintiff and the sheriff is anymore duty
agent, and such person makes an affidavit of his title bound to keep the property.
thereto or right to the possession thereof, stating the
grounds of such right or title, and serves the same Q: Suppose if the person claiming is a false
upon the officer making the levy and copy thereof, claimant? What is the remedy of the plaintiff if he
stating the grounds of such right or tittle, and a insist that the property should be levied?
serves the same upon the officer making the levy A: His remedy is to post bond that would answer
and a copy thereof upon the judgment obligee, the whatever damages the 3rd party claimant would
officer shall not be bound to keep the property, suffer. If the plaintiff would post a bond, the sheriff
unless such judgment obligee, on demand of the can keep the property and go home, but if the
officer, files a bond approved by the court to plaintiff refuses to post bond, the sheriff is not duty
indemnity the third-party claimant in a sum not less bound to keep the property.
than the value of the property levied on. In case of
Q: Suppose the 3rd party claimant would insist that
disagreement as to such value, the same shall be
he is really the owner or the rightful possessor of the
determined by the court issuing the writ of
property and not the defendant if he has already
execution. No claim for damages for the taking or
executed a terceria?
keeping of the property may be enforced against
A: His remedies are the following:
1 Plaintiff can invoke the supervisory power of same reason that he is not a party to the case. His
the court wherein he can file a motion in remedy is to file a separate or independent civil
court to resolve or determine whether the action to vindicate his right over the property.
sheriff has correctly acted upon in levying on
the property. So, he will request a hearing PSALM vs Maunlad Homes, G.R. No. 215933, Feb. 8,
and in such hearing he will present a proof 2017
that he us the owner of the property and the According to the Supreme Court, neither an appeal
sheriff has mistakenly took the property. or a petition for certiorari is the property remedy from
2 If plaintiff does not involve the supervisory the denial of the 3rd party claim under Sec. 16, Rule
power of the court or if he invoked the 39. Since the third-party claimant is not one of the
supervisory power of the court but the court parties to the action, he could not, strictly speaking,
ruled an adverse decision, he has to file a appeal from the order denying its claim but should
separate civil action to enjoin the sheriff from file a separate reinvidicatory action against the
proceeding to an auction sale. A case of execution creditor or a complaint for damages
injunction could be filed. If he file a separate against the bond filed by the judgment creditor in
action, it could be that the case will be favor of the sheriff. The rights of a third-party
raffled in another court. claimant should be decided in a separate action to
be instituted by the third person. In that separate
Abira vs Court of Appeals, 45 SCRA 314 action, the court may issue a writ of preliminary
Q: Would this be considered as a violation of the injunction against the sheriff enjoining him from
Doctrine of Non Interference – a court of co-equal proceeding with the execution sale.
jurisdiction cannot intervene with the order or
decision of another court? Q: On the part of the plaintiff, what is the remedy if
A: No, the Supreme Court ruled in the above- the 3rd party complainant is baseless?
mentioned case that a 3rd person may vindicate A: He can also file a claim for damages even in the
such claim by a separate action. A judgment in its same action or in a separate action against the 3 rd
favor declaring him to be the owner of the property party claimant.
would not constitute an interference because the
When the writ of execution is issued in favor of the
property being that of a stranger is not subject to
Republic of the Philippines, or any officer duly
levy. Thus, an interlocutory order such as injunction
representing it, the filing of such bond shall not be
upon the claim and prima facie showing of
required, and in case the sheriff or levying officer is
ownership by the claimant cannot be considered as
sued for damages as a result of the levy, he shall be
such as interference.
represented by the Solicitor General and if held
In the same decision, the Supreme Court said that liable therefor, the actual damages adjudged by
the court did not direct the sheriff to levy on the the court shall be paid by the National Treasurer out
particular properties in dispute, the order was for him of such funds as may be appropriated for the
to levy upon properties of the judgment debtor purpose
without specifying them, such is not considered as
In the last paragraph, when the writ of execution is
an interference. Another reason that it is not a
issued in favor of the Republic of the Philippines, or
violation of the Doctrine of Non-Interference
any officer duly representing it, the filing of such
because in the first place, the Rules of Court allowed
bond shall not be required.
the same.
Section 17. Penalty for selling without notice, or
Q: Why does the 3rd party claimant will not file a removing or defacing notice. – An officer selling
Motion for Intervention? without the notice prescribed by section 15 of this
A: Take note the case is now in execution stage. A Rule shall be liable to pay punitive damages in the
Motion for Intervention is only proper before amount of five thousand (P5,000.00) pesos to any
judgment under Rule 19. Motion for Intervention is person injured thereby, in addition to his actual
not anymore available in the execution stage. He damages, both to be recovered by motion in the
cannot also file an appeal because he is not a party. same action; and a person willfully removing or
He cannot also file a Petition for Certiorari for the defacing the notice posted, if done before the sale,
or before the satisfaction of the judgment if it be refusing purchaser to pay into the court the amount
satisfied before the sale, shall be liable to pay five of such loss, with costs, and may punish him for
thousand (P5,000.00) pesos to any person injured by contempt if he disobeys the order. The amount of
reason thereof, in addition to his actual damages, to such payment shall be for the benefit of the person
be recovered by motion in the same action. entitled to the proceeds of the execution, unless the
execution has been fully satisfied, in which event
Q: What is the result of the sale if there is no notice? such proceeds shall be for the benefit of the
A: It is void and the sheriff can be subject to judgment obligor. The officer may thereafter reject
damages. any subsequent bid of such purchaser who refuses
to pay.
Section 18. No sale if judgment and costs paid. – At
any time before the sale of property on execution, Under this section, if the purchaser refuse to pay,
the judgment obligor may prevent the sale by then there should be another auction sale. The
paying the amount required by the execution and highest bidder who bid to the disputed property and
the costs that have been incurred therein. refused to pay can also be cited for contempt.
Section 19. How property sold on execution; who
may direct manner and order of sale. – All sales of Section 21. Judgment obligee as purchaser. – When
property under execution must be made at public the purchaser is the judgment obligee, and no third-
auction, to the highest bidder, to start at the exact party claim has been filed, he need not pay the
time fixed in the notice. After sufficient property has amount of the bid if it does not exceed the amount
been sold to satisfy the execution, no more shall be of his judgment. If it does, he shall pay only the
sold and any excess property or proceeds of the excess.
sale shall be promptly delivered to the judgment
Under this section, during the auction sale, the
obligor or his authorized representative, unless
creditor may also participate in the bidding. If the
otherwise directed by the judgment or order of the
amount of the bid is equivalent to the amount of his
court. When the sale is of real property, consisting of
claim, then, he is not anymore allowed to pay. There
several known lots, they must be sold separately; or,
is a set-off or compensation.
when a portion of such real property is claimed by a
third person, he may require it to be sold separately. Section 22. Adjournment of sale. – By written consent
When the sale is of personal property capable of of the judgment obligor and obligee, or their duly
manual delivery, it must be sold within view of those authorized representatives, the officer may adjourn
attending the same and in such parcels as are likely the sale to any date and time agreed upon by
to bring the highest price. The judgment obligor, if them. Without such agreement, he may adjourn the
present at the sale, may direct the order in which sale from day to day if it becomes necessary to do
property, real or personal, shall be sold, when such so for lack of time to complete the sale on the day
property consists of several known lots or parcels fixed in the notice or the day to which it was
which can be sold to advantage separately. Neither adjourned.
the officer conducting the execution sale, nor his Section 23. Conveyance to purchaser of personal
deputies, can become a purchaser, nor be property capable of manual delivery. – When the
interested directly or indirectly in any purchase at purchaser of any personal property, capable of
such sale. manual delivery, pays the purchase price, the
officer making the sale must deliver the property to
Under this section, this is still about the conduct of
the purchaser and, if desired, execute and deliver
auction sale. The sheriff shall only sell properties the
to him a certificate of sale. The sale conveys to the
proceeds of which is enough to answer the liability
purchaser all the rights which the judgment obligor
of the defendant.
had in such property as of the date of the levy on
Section 20. Refusal of purchaser to pay. – If a execution or preliminary attachment.
purchaser refuses to pay the amount bid by him for Under this section, this is about the conveyance. If it
property struck off to him at a sale under execution, is a personal property, it shall be immediately deliver
the officer may again sell the property to the highest to the buyer. In case of real property, the buyer
bidder and shall not be responsible for any loss cannot immediately take possession of the property.
occasioned thereby; but the court may order the
EXAMPLE: A house and lot. The buyer cannot separately, may be redeemed in the manner
immediately take possession of the property hereinafter provided, by the following persons:
because the judgment obligor has still the so called a The judgment obligor, or his successor in
right of redemption within one year from the interest in the whole or any part of the
registration of the certificate of sale. The buyer property;
cannot be issued a deed of absolute sale. The sheriff b A creditor having a lien by virtue of an
will instead issue a certificate of sale which is attachment, judgment or mortgage on the
recorded in the Registry of Deeds. The buyer shall property sold, or on some part thereof,
have one year form the registration to exercise his subsequent to the lien under which the
right of redemption. property was sold. Such redeeming creditor
Section 24. Conveyance to purchaser of personal is termed a redemptioner.
property not capable of manual delivery. – When
Q: Who can redeem the real property that is being
the purchaser of any personal property, not
sold in the auction sale?
capable of manual delivery, pays the purchase
A: The defendant himself and redemptioner
price, the officer making the sale must execute and
 Q: What if the property has encumbrancers
deliver to the purchaser a certificate of sale. Such
subsequent to the plaintiff or what we call as
certificate conveys to the purchaser all the rights
JUNIOR ENCUMBRANCERS. What will
which the judgment obligor had in such property as
happen?
of the date of the levy on execution or preliminary
A: The junior encumbrancers has also right to
attachment.
redeem. The first redemptioner has one year
Section 25. Conveyance of real property; certificate
to redeem. From the moment the defendant
thereof given to purchaser and filed with registry
will redeem, no further redemption. For
of deeds. – Upon a sale of real property, the officer
example within the period of one year from
must give to the purchaser a certificate of sale
the registration of the certificate of sale, the
containing:
defendant could redeem.
a A particular description of the real property
sold;  Q: But what if the defendant would not
b The price paid for each distinct lot or parcel; exercise his right to redeem?
c The whole price paid by him; A: In order to answer the question, a situation
d A statement that the right of redemption is given wherein Mr. D, the defendant, Mr. B
expires one (1) year from the date of the is the buyer and there are junior
registration of the certificate of sale. encumbrancers, X, Y, and Z. D can redeem
Such certificate must be registered in the registry of the property but if D will not redeem within
deeds of the place where the property is situated. one year, it could be X, Y and Z will be the
Section 26. Certificate of sale where property one to redeem. Let’s say X, one of the junior
claimed by third person. – When a property sold by encumbrancers, redeemed the property.
virtue of a writ of execution has been claimed by a After Mr. X would redeem the property, the
third person, the certificate of sale to be issued by other encumbrancers Y & Z has 60 days to
the sheriff pursuant to sections 23, 24 and 25 of this redeem from Mr. X. Y can redeem within 60
Rule shall make express mention of the existence of days from X. Suppose Mr. X did not redeem
such third-party claim. right away because he was waiting for Mr. D
to redeem the property and he only
Under this section, if there is a 3rd party claimant, the
redeemed in the 10th month. So, after Mr. X
property levied could be real or personal property, if
redeemed the property in the 10th month, Y
it is claimed by a 3rd party claimant, in the certificate
can redeem within 60 days from the 10 th
of sale it must be indicted that there is a 3 rd party
month. After Y will redeem the property, Mr.
claimant.
Z could still exercise his right of redemption
Section 27. Who may redeem real property so sold. even if the 1 year lapsed from the registration
– Real property sold as provided in the last of the certificate of sale as long as it is within
preceding section, or any part thereof sold 60 days as between the junior
encumbrancers.
 Suppose within the period of one year, when last redemption, on paying the sum paid on the last
X redeemed after the 10th month, if D will previous redemption, with two per centum thereon
redeem from X, no more further redemption in addition, and the amounts of any assessments or
shall be allowed. The principle is that if the taxes which the last previous redemptioner paid
defendant will redeem, no further after the redemption thereon, with interest thereon,
redemption is allowed. The judgment obligor and the amount of any liens held by the last
has one year from the registration of the redemptioner prior to his own, with interest.
certificate of sale within which to redeem. Written notice of any redemption must be given to
He may redeem either form the purchaser or the officer who made the sale and a duplicate filed
a redemptioner. And once he redeems, no with the registry of deeds of the place, and if any
further redemption is allowed. After one year assessments or taxes are paid by the redemptioner
he has no more right to redeem, as regards or if he has or acquires any lien other than that upon
the other redemptioners, for example, the which the redemption was made, notice thereof
junior encumbrancers, the first redemptioner must in like manner be given to the officer and filed
has one year form the date of the with the registry of deeds; if such notice be not filed,
registration within which to redeem. The 2 nd the property may be redeemed without paying
redemptioner has only 60 days after the first, such assessments, taxes, or liens.
the same with the 3rd he has 60 days to Section 29. Effect of redemption by judgment
redeem after the 2nd and so on even after obligor, and a certificate to be delivered and
the lapse on one year from the date of recorded thereupon; to whom payments on
registration as long as its redemption is made redemption made. – If the judgment obligor
within 60 days. redeems, he must make the same payments as are
required to effect a redemption by a redemptioner,
Section 28. Time and manner of, and amounts
whereupon, no further redemption shall be allowed
payable on, successive redemptions; notice to be
and he is restored to his estate. The person to whom
given and filed. – The judgment obligor, or
the redemption payment is made must execute and
redemptioner, may redeem the property from the
deliver to him a certificate of redemption
purchaser, at any time within one (1) year from the
acknowledged before a notary public or other
date of the registration of the certificate of sale, by
officer authorized to take acknowledgments of
paying the purchaser the amount of his purchase,
conveyances of real property. Such certificate must
with one per centum per month interest thereon in
be filed and recorded in the registry of deeds of the
addition, up to the time of redemption, together
place in which the property is situated, and the
with the amount of any assessments or taxes which
registrar of deeds must note the record thereof on
the purchaser may have paid thereon after
the margin of the record of the certificate of sale.
purchase, and interest on such last named amount
The payments mentioned in this and the last
at the same rate; and if the purchaser be also a
preceding sections may be made to the purchaser
creditor having a prior lien to that of the
or redemptioner, or for him to the officer who made
redemptioner, other than the judgment under which
the sale.
such purchase was made, the amount of such other
lien, with interest.  Under this section, once the defendant will
Property so redeemed may again be redeemed redeem, no further redemption shall be
within sixty (60) days after the last redemption upon allowed and he is restored to his property.
payment of the sum paid on the last redemption, Section 30. Proof required of redemptioner. – A
with two per centum thereon in addition, and the redemptioner must produce to the officer, or person
amount of any assessments or taxes which the last from whom he seeks to redeem, and serve with his
redemptioner may have paid thereon after notice to the officer a copy of the judgment or final
redemption by him, with interest on such last-named order under which he claims the right to redeem,
amount, and in addition, the amount of any liens certified by the clerk of the court wherein the
held by said last redemptioner prior to his own, with judgment or final order is entered; or, if he redeems
interest. The property may be again, and as often as upon a mortgage or other lien, a memorandum of
a redemptioner is so disposed, redeemed from any the record thereof, certified by the registrar of
previous redemptioner within sixty (60) days after the
deeds; or an original or certified copy of any the judgment obligor until the expiration of his period
assignment necessary to establish his claim; and an of redemption.
affidavit executed by him or his agent, showing the
 Under this section, the defendant shall
amount then actually due on the lien.
continue to enjoy the fruits. The purchaser is
 Under this section, this is about the required not entitled to receive the fruits or earnings
proof that is to be presented by the of the property.
redemptioner. Anyone cannot redeem, only Section 33. Deed and possession to be given at
those who have a claim over the property expiration of redemption period; by whom executed
such as a mortgagee. or given. – If no redemption be made within one (1)
 Q: When will the one year start to count? year from the date of the registration of the
A: From the date of the registration of the certificate of sale, the purchaser is entitled to a
certificate of sale. conveyance and possession of the property; or, if so
 Within the redemption period of the redeemed whenever sixty (60) days have elapsed
registration of the certificate of sale (1 year), and no other redemption has been made, and
while waiting for such period to lapse, the notice thereof given, and the time for redemption
defendant shall continue to enjoy the fruits has expired, the last redemptioner is entitled to the
of the property. If the property is leased to conveyance and possession; but in all cases the
another person, he shall continue to receive judgment obligor shall have the entire period of one
rentals. (1) year from the date of the registration of the sale
to redeem the property. The deed shall be executed
Section 31. Manner of using premises pending by the officer making the sale or by his successor in
redemption; waste restrained. — Until the expiration office, and in the latter case shall have the same
of the time allowed for redemption, the court may, validity as though the officer making the sale had
as in other proper cases, restrain the commission of continued in office and executed it.
waste on the property by injunction, on the Upon the expiration of the right of redemption, the
application of the purchaser or the judgment purchaser or redemptioner shall be substituted to
obligee, with or without notice; but it is not waste for and acquire all the rights, title, interest and claim of
a person in possession of the property at the time of the judgment obligor to the property as of the time
the sale, or entitled to possession afterwards, during of the levy. The possession of the property shall be
the period allowed for redemption, to continue to given to the purchaser or last redemptioner by the
use it in the same manner in which it was previously same officer unless a third party is actually holding
used, or to use it in the ordinary course of husbandry; the property adversely to the judgment obligor.
or to make the necessary repairs to buildings
thereon while he occupies the property.  Under this section, this is the execution of the
final deed of conveyance by the sheriff (prior
 A court upon motion of the aggrieved party to this is the Certificate of Sale). If the
may issue an order restraining the waste or defendant fails to exercise his right of
destruction of the property. redemption, the sheriff will now execute the
 EXAMPLE: Cars under loan by bank policy so called FINAL DEED OF SALE or DEED OF
wherein the debtor will not take care of the CONVEYANCE. The ownership of the buyer
car because he knows that the car will be shall be reckoned from the time of levy.
taken by the bank.
Section 34. Recovery of price if sale not effective;
Section 32. Rents, earnings and income of property revival of judgment. – If the purchaser of real
pending redemption. – The purchaser or a property sold on execution, or his successor in
redemptioner shall not be entitled to receive the interest, fails to recover the possession thereof, or is
rents, earnings and income of the property sold on evicted therefrom, in consequence of irregularities
execution, or the value of the use and occupation in the proceedings concerning the sale, or because
thereof when such property is in the possession of a the judgment has been reversed or set aside, or
tenant. All rents, earnings and income derived from because the property sold was exempt from
the property pending redemption shall belong to execution, or because a third person has vindicated
his claim to the property, he may on motion in the
same action or in a separate action recover from judgment obligor to appear and be examined
the judgment obligee the price paid, with interest, concerning his property and income before such
or so much thereof as has not been delivered to the court or before a commissioner appointed by it, at
judgment obligor; or he may, on motion, have the a specified time and place; and proceedings may
original judgment revived in his name for the whole thereupon be had for the application of the
price with interest, or so much thereof as has been property and income of the judgment obligor
delivered to the judgment obligor. The judgment so towards the satisfaction of the judgment. But no
revived shall have the same force and effect as an judgment obligor shall be so required to appear
original judgment would have as of the date of the before a court or commissioner outside the province
revival and no more. or city in which such obligor resides or is found.
 Q: Suppose the buyer is ousted from the  Under this section, this is about the
premises. (Remember the application for examination of judgment obligor where the
annulment of judgment or relief form judgment is unsatisfied. It could be that he
judgment, the decision is already final and could be subjected to examination in court
executory. It could be that there is already under oath and would be asked regarding
an execution.) What if the decision is the whereabouts of his other properties.
annulled? What is now the right of the buyer?
Section 37. Examination of obligor of judgment
A: Under Sec. 34, he can recover from the
obligor. – When the return of a writ of execution
judgment creditor or even from the
against the property of a judgment obligor shows
judgment debtor at his option. He may also
that the judgment remains unsatisfied, in whole or in
file an action to recover possession.
part, and upon proof to the satisfaction of the court
Section 35. Right to contribution or reimbursement. – which issued the writ, that a person, corporation, or
When property liable to an execution against other juridical entity has property of such judgment
several persons is sold thereon, and more than a due obligor or is indebted to him, the court may, by an
proportion of the judgment is satisfied out of the order, require such person, corporation, or other
proceeds of the sale of the property of one of them, juridical entity, or any officer or member thereof, to
or one of them pays, without a sale, more than his appear before the court or a commissioner
proportion, he may compel a contribution from the appointed by it, at a time and place within the
others; and when a judgment is upon an obligation province or city where such debtor resides or is
of one of them, as security for another, and the found, and be examined concerning the same. The
surety pays the amount, or any part thereof, either service of the order shall bind all credits due the
by sale of his property or before sale, he may judgment obligor and all money and property of the
compel repayment from the principal. judgment obligor in the possession or in the control
of such person, corporation, or juridical entity from
 Under this section, this is about the right of the time of service; and the court may also require
the solidary debtor. He can demand for notice of such proceedings to be given to any party
contribution from his co-debtors. to the action in such manner as it may deem proper.
For Secs. 36 -43. These are the remedies of the  Under this section, it could be that the
plaintiff in case the judgment is not satisfied or is not defendant has collectibles. It is possible that
imposed. he has debtors and such debtors of the
defendant could also be subjected to
Section 36. Examination of judgment obligor when examination to determine whether the
judgment unsatisfied. – When the return of a writ of defendant has indeed collectibles. If it is
execution issued against property of a judgment determined that indeed the defendant has
obligor, or any one of several obligors in the same collectibles, then those collectibles of the
judgment, shows that the judgment remains defendant could be garnished.
unsatisfied, in whole or in part, the judgment
obligee, at any time after such return is made, shall Section 38. Enforcement of attendance and conduct
be entitled to an order from the court which of examination. – A party or other person may be
rendered the said judgment, requiring such compelled, by an order or subpoena, to attend
before the court or commissioner to testify as
provided in the two preceding sections, and upon monthly installments, and upon his failure to pay any
failure to obey such order or subpoena or to be such installment when due without good excuse,
sworn, or to answer as a witness or to subscribe his may punish him for indirect contempt.
deposition, may be punished for contempt as in
 Under this section, this is about the income or
other cases. Examinations shall not be unduly
salary of the defendant. A portion thereof
prolonged, but the proceedings may be adjourned
may be used to pay off or satisfy the
from time to time, until they are completed. If the
judgment.
examination is before a commissioner, he must take
it in writing and certify it to the court. All  EXAMPLE: If the defendant is a teacher, then
examinations and answers before a court or the salary of a teacher could be that a
commissioner must be under oath, and when a certain percentage perhaps 25% shall be
corporation or other juridical entity answers, it must garnished every month.
be on the oath of an authorized officer or agent
Section 41. Appointment of receiver. – The court
thereof.
may appoint a receiver of the property of the
 Under this section, in order to compel the judgment obligor; and it may also forbid a transfer
attendance of the debtors of the or other disposition of, or any interference with, the
defendant. A subpoena may be issued property of the judgment obligor not exempt from
against them and if they refuse to appear, execution.
they can be cited for contempt.
 Under this section, this is about the
Section 39. Obligor may pay execution against appointment of the receiver in order to
obligee. – After a writ of execution against property preserve the property. So, if the period of
has been issued, a person indebted to the judgment redemption has not yet lapsed but the
obligor may pay to the sheriff holding the writ of defendant has already wasted the property,
execution the amount of his debt or so much thereof the court may now appoint a so called
as may be necessary to satisfy the judgment, in the RECEIVER to preserve the property and to
manner prescribed in section 9 of this Rule, and the prevent the defendant form disposing of the
sheriff’s receipt shall be a sufficient discharge for the same.
amount so paid or directed to be credited by the
Section 42. Sale of ascertainable interest of
judgment obligee on the execution.
judgment obligor in real estate. – If it appears that
 Under this section, this is about COMPLUSORY the judgment obligor has an interest in real estate in
NOVATION. If it is determined that the the place in which proceedings are had, as
defendant has collectibles, the court can mortgagor or mortgagee or otherwise, and his
require the debtor or debtors of the interest therein can be ascertained without
defendant to make payments to the controversy, the receiver may be ordered to sell and
plaintiff. There would be a sort of novation. convey such real estate or the interest of the obligor
The plaintiff would now take the place of the therein; and such sale shall be conducted in all
defendant. respects in the same manner as is provided for the
Section 40. Order for application of property and sale of real estate upon execution, and the
income to satisfaction of judgment. – The court may proceedings thereon shall be approved by the
order any property of the judgment obligor, or court before the execution of the deed.
money due him, not exempt from execution, in the
 Under this section, this is about ascertaining
hands of either himself or another person, or of a
the claims of the defendants. It is possible
corporation or other juridical entity, to be applied to
that the defendant is a mortgagee or
the satisfaction of the judgment, subject to any prior
mortgager, either of the two he has an
rights over such property.
interest over the property. The receiver to be
If, upon investigation of his current income and
appointed by the court may be ordered to
expenses, it appears that the earnings of the
sell or convey such real estate for the interest
judgment obligor for his personal services are more
of the obligor.
than necessary for the support of his family, the court
may order that he pay the judgment in fixed
 Just in case, the 3rd person or the debtors of section, and after notice and upon motion the court
the defendant would deny, then, under Sec. may order either the judgment obligee or his
43, the court may authorize the creditor to counsel to do so, or may order the entry of
file a collection case or recover the property satisfaction to be made without such admission.
from those persons whom the defendant has  Under this section, if the defendant has
a claim. already satisfied the decision, he can ask the
court to note or to enter into the docket of
Section 43. Proceedings when indebtedness denied
the court regarding the satisfaction of the
or another person claims the property. – If it appears
decision.
that a person or corporation, alleged to have
property of the judgment obligor or to be indebted Section 46. When principal bound by judgment
to him, claims an interest in the property adverse to against surety. – When a judgment is rendered
him or denies the debt, the court may authorize, by against a party who stands as surety for another, the
an order made to that effect, the judgment obligee latter is also bound from the time that he has notice
to institute an action against such person or of the action or proceeding, and an opportunity at
corporation for the recovery of such interest or debt, the surety’s request to join in the defense.
forbid a transfer or other disposition of such interest  Under this section, when we say surety there
or debt within one hundred twenty (120) days from is a principal debtor. When the creditor sued
notice of the order, and may punish disobedience the surety, instead of the principal debtor,
of such order as for contempt. Such order may be the surety should notify the principal.
modified or vacated at any time by the court which
issued it, or by the court in which the action is Now, Sec. 47 talks about RES JUDICATA. There are
brought, upon such terms as may be just. two kind of res judicata which are the following:
Section 44. Entry of satisfaction of judgment by clerk 1 Barred by Prior Judgment
of court. – Satisfaction of a judgment shall be 2 Conclusiveness of Judgment
entered by the clerk of court in the court docket,
and in the execution book, upon the return of a writ BARRED BY PRIOR JUDGMENT
of execution showing the full satisfaction of the These are the elements of res judicata that is barred
judgment, or upon the filing of an admission to the by prior judgment:
satisfaction of the judgment executed and
acknowledged in the same manner as a 1 The former judgment or order must be final.
conveyance of real property by the judgment This is not only applicable to judgment
obligee or by his counsel unless a revocation of his but this is also applicable to a final order.
authority is filed, or upon the endorsement of such In other words, it can no longer be
admission by the judgment obligee or his counsel on appealed or the appeal has been
the face of the record of the judgment. resolved.
2 It must be a judgment or order on the merits.
 Q: In the event that the judgment is satisfied,
It was rendered after the consideration
the clerk of court now would reflect in the
of the evidence or stipulations submitted
docket of the court that a judgment has
by the parties at the trial of the case.
already been satisfied. How will the court
(Remember that when it is judgment on
know that the judgment is satisfied?
the merits, it is based on evidence of the
A: Through the return of the sheriff or through
parties submitted and the court has
an admission by the plaintiff that the
rendered a decision or judgment.) But
judgment has already been satisfied.
there are instances that the court may
Section 45. Entry of satisfaction with or without issue an order dismissing the case before
admission. – Whenever a judgment is satisfied in trial and yet the order is considered
fact, or otherwise than upon an execution, on dismissal on the merits. For example,
demand of the judgment obligor, the judgment failure to attend during the Pre-trial.
obligee or his counsel must execute and Q: What will happen if the plaintiff will not
acknowledge, or indorse, an admission of the appear during Pre Trial?
satisfaction as provided in the last preceding
A: The case will be dismissed with the parties but involving the same cause of action.
prejudice. Will it prosper?
Q: What is the dismissal with prejudice? A: No, although the parties are not the same, they
A: It is considered dismissal on the merits are substantially the same. The wife of Mr. D is just
even if there is no evidence presented. impleaded in a futile attempt to avoid res judicata
EXAMPLE: Failure to file a pre-trial brief. It which are substantial same identity of parties and
is considered non-appearance during substantial same identity of causes of action.
pre-trial so the case could be dismissed EXAMPLE: In the first case the action is collection of
with prejudice. sum of money for the non-payment of loan and in
EXAMPLE: If the plaintiff failed to comply the second case filed it is collection of sum of money
with the order of the court under Rule 17 and damages. The causes of action in the two cases
Sec. 3, the plaintiff was ordered to are not exactly the same but they are substantially
amend and to make his allegations more the same.
definite or to implead the indispensable
party, so the court dismissed the case CONCLUSIVENESS OF JUDGMENT
with prejudice. He cannot refile it Between the first and the second case, there is an
anymore. identity of issue or issues and that issue or issues had
EXAMPLE: Dismissal for failure to already been resolved by the court. The parties
prosecute within a reasonable period of could be the same and the issues could be the
time. same but the causes of action are not the same.
Q: Suppose the court dismissed the case
because the plaintiff did not appear Q: Mr. D, the debtor, obtained a loan in the amount
during pre-trial, a Motion for of P10M from Mr. P payable in 10 months at P1M for
Reconsideration or Appeal was not filed. each installment. In the first installment, Mr. D failed
The order has become final and to pay. (Remember, in a contract capable of
executory. After 3 months, he filed the performance the general rule is that one contract as
same case against the same defendant one cause of action but if a contract is capable of
over the same cause of action. Would several performances such as a loan payable in
the case prosper? installments. Each installment due and unpaid
A: No, because it is already barred by res would constitute a cause of action) Mr. P filed a
judicata or former judgment. collection case. In the answer of Mr. D, he raised the
3 It must have been rendered by a court defense of forgery. He said that his signature in the
having jurisdiction over the parties and over promissory note is forged, however, the court render
the subject matter. a decision against D. Hence, Mr. D is required to pay
All the elements of jurisdiction must be the first installment. Mr. P then filed a collection case
present. Without jurisdiction, the judgment for the 2nd installment. Mr. D raised again the
would be void hence no Res Judiciata. defense of forgery. The same parties although it has
Q: The court rendered decision but there different cause of action but Mr. D raised the same
was no summons served by the defendant. issue. Will it prosper?
What will happen to the decision? A: No, because Mr. D now is prohibited or prevented
A: The decision will be void. from raising such issue based on conclusiveness of
4 Same or substantially same identity of parties judgment. In conclusiveness of judgment, there is an
or cause of action. issue that has been resolved in the previous case
and the same issue is raised again in the second
When we say res judicata or barred by prior case, the defendant is not anymore allowed to raise
judgment, this presupposes the existence of two such issue because it is now barred by
cases. Between the first and the second, there must conclusiveness of judgment.
be identity of parties, meaning the parties are the
same or substantially the same. Alamayri vs Pabale, G.R. No. 151243, April 30, 2008
Q: The plaintiff, Mr. D, in the first case and in the
According to the Supreme Court, conclusiveness of
second case, the wife of D was included as one of
judgment states that a fact, question or issue which

was in issue in a former suit and was judicially passed world or against all persons who may have interest
upon and determined by a court of competent over that property.
jurisdiction is conclusively settled by the judgment
therein as far as the parties to that action and c In any other litigation between the same
persons in privity within are concerned and cannot parties or their successors in interest, that only
again be litigated in any future action between is deemed to have been adjudged in a
such parties or their privies. Identity of causes of former judgment or final order which
action is not required but merely identity of issues. In appears upon its face to have been so
this case, the Supreme Court discussed the adjudged, or which was actually and
differences between barred by prior judgment and necessarily included therein or necessary
conclusiveness of prior judgment. (!!!) thereto.
Section 47. Effect of judgments or final orders. — The Sec47(c) is about conclusiveness of judgment.
effect of a judgment or final order rendered by a Qunitos vs Nicolas, G.R. No. 210252, June 25, 2014
court of the Philippines, having jurisdiction to (!!!)
pronounce the judgment or final order, may be as
follows: This case involves partition wherein 6 siblings and 3
of them filed a case of partition against the other
a In case of a judgment or final order against
three. Unfortunately, during pre-trial, they the
a specific thing, or in respect to the probate
plaintiffs did not appear. The trial court dismissed the
of a will, or the administration of the estate of
case with prejudice. Years later, the other siblings
a deceased person, or in respect to the
now the plaintiff then filed a case for recovery of
personal, political, or legal condition or status
ownership. In the answer, there is an affirmative
of a particular person or his relationship to
defense that they are co-owners and that they did
another, the judgment or final order is
not partition the property. The plaintiff argued that
conclusive upon the title to the thing, the will
the defense of partition is already barred by res
or administration or the condition, status or
judicata.
relationship of the person, however, the
probate of a will or granting of letters of The Supreme Court ruled that as far as partition case
administration shall only be prima facie is concerned, if the same is dismissed pursuant to
evidence of the death of the testator or Sec. 3, Rule 17, the dismissal is considered without
intestate; prejudice because the right of the co-owner to ask
b In other cases, the judgment or final order is, for partition is imprescriptible and the co-owner can
with respect to the matter directly adjudged ask for partition at any time. The Rules of Court
or as to any other matter that could have cannot defeat the right of the co-owner to partition.
been missed in relation thereto, conclusive As between dismissal with prejudice in Sec. 3 Rule 17
between the parties and their successors in and the right granted to co-owners under Art 494 of
interest, by title subsequent to the the Civil Code, the latter condition must prevail. The
commencement of the action or special dismissal is considered without prejudice.
proceeding, litigating for the same thing and
under the same title and in the same Mallion vs. Alcantara, G.R. No. 141528, Oct 31, 2006
capacity; and The husband filed a petition for declaration of nullity
on the ground of psychological incapacity against
As regards action in rem, in case or judgment of final
the wife. It was dismissed by the court. Later on, he
order against the specific thing, the judgment or
filed another case for declaration of nullity on the
final order is conclusive upon the title of the thing,
ground that there was no valid license issued when
the will or administration of the condition, status or
their marriage was solemnized. The defendant
relationship of that person.
raised the defense of res judicata. Is there Res
As regards, action in personam, the judgment of the
judicata in this case? (Remember that there is no res
court is only conclusive upon the parties and their
judicata if the action is based on different causes of
successors in interest while in action in rem, the
action. It is necessary that the first and second case
action of the court is conclusive against the whole
must have substantial identity of the causes of
action.) The first case is Psychological Incapacity, judgment. The plaintiff obtained a judgment against
the second case is Lack of Marriage License. Is there the defendant in Tokyo, Japan but being unable to
Res Judicata? execute the judgment in Japan. The plaintiff filed a
suit for its enforcement before RTC Manila. The
Yes, according to the Supreme Court, the cause of
possible defenses of the defendant are lack of
action is the nullity of the marriage. When the
jurisdiction, lack of notice to the party, collusion,
husband filed the first case based on psychological
fraud, clear mistake of law or fact (as mentioned in
incapacity, the husband is deemed to have
the last paragraph). The defendant filed its answer
admitted the validity of marriage in his first petition.
alleging lack of jurisdiction and clear mistake of fact
Wherein the plaintiff was able to obtain a judgment and law.
in Japan against the defendant. The case filed in
But according to the Supreme Court, a foreign
Japan but it was not executed. How can the plaintiff
judgment is presumed to be valid and binding from
enforce the judgment of Japan in the Philippines
the country from which it came until the contrary is
given that the defendant is in the county?
proved. The defendant has the burden in presenting
Section 48. Effect of foreign judgments or final orders. evidence that it is invalid. Since the defendant was
— The effect of a judgment or final order of a unable to overcome this presumption of validity,
tribunal of a foreign country, having jurisdiction to then the SC ordered the enforcement of the
render the judgment or final order is as follows: judgment. A defendant in a Philippine court may
invoke a foreign judgment as res judicata in his
a In case of a judgment or final order upon a defense.
specific thing, the judgment or final order, is
Sec 48 will also apply under Recognition of Foreign
conclusive upon the title to the thing, and
Judgment in Foreign Divorce. Divorce is not
b In case of a judgment or final order against
automatically recognized and enforceable in the
a person, the judgment or final order is
Philippines. The Filipino spouse has to file a Petition
presumptive evidence of a right as between
for Recognition of Foreign Divorce. So, he has to
the parties and their successors in interest by
prove that indeed there is such decree. He has to
a subsequent title.
present the original copy of the foreign divorce
In either case, the judgment or final order may be decree, the first requisite. The second requisite is that
repelled by evidence of a want of jurisdiction, want there must be proof that the law of that country
of notice to the party, collusion, fraud, or clear allows the parties to the divorce. Those are the two
mistake of law or fact. requisites for the recognition of foreign divorce
decree. (Read further the case of Republic vs.
As regards to action in rem, it binds the whole world
Manalo, G.R. No. 221029, April 2018)
while as regards action in personam, the judgment
or final order against a person is presumptive
evidence of right between the parties and their
Appeals
successor in interest by a subsequent title. In other
words, the judgment of the foreign court could only RULE 40
be enforced in the Philippines by filing the case for Appeal From Municipal Trial Courts to the Regional
the enforcement or recognition of that judgment. So Trial Courts
in either case, the judgment or final order may be
TN: MASTER IT!!!! FAVE SA EXAMINERS
repealed by evidence of want of jurisdiction, want
of notice to the party, collusion, fraud or mistake of 40: about appeal from the decision or final order of
law or fact. the MTC to RTC
Northwest Orient Airlines Inc vs CA, 241 SCRA 192, 41: refers to the appeal from the decision or final
order of the RTC rendered in the exercised of original
Feb. 9, 1995
Jurisdiction to the CA
Going back to the previous example where he 42: refers to the mode of appeal which is petition for
wants to enforce the foreign judgment obtained in revie from the decision or final order of the RTC
Japan in the Philippines. He will file a case in the rendered in the exercise of its Appellate Jurisdiction
Philippines for the enforcement of that foreign to the CA.
43: mode of appeal is also petition for review but the review. Over a certiorari, the higher court uses its
subject of the appeal is the decision or final order or original jurisdiction in accordance with its power of
resolution of different Quasi-judicial body to the CA. control and supervision over the proceedings of
lower courts. An appeal is thus a continuation of the
45: about for review on certiorari or otherwise known
original suit, while a Petition for Certiorari is an
as appeal by certiorari which is mode of appeal
original and independent action that was not part
from the decision or final order rendered by CA,
of the trial that had resulted in the rendition of the
CTA, SB to the SC. Also mode of appeal form the
judgment or order complained of.
decision, final order of RTC rendered in it original
decision to the CA. - The parties to an appeal are the original
parties to the action. In contrast, the parties
Why man wala ang rule 44?
to a Petition for Certiorari are the aggrieved
- It does not mention a mode of appeal, it only party (who thereby becomes the petitioner)
mentions the procedure before the CA against the lower court or quasi-judicial
when an appeal is taken. agency, and the prevailing parties (the
public and the private respondents,
- a continuation of rule 41
respectively).
Section 1. Where to appeal. — An appeal from a As to the Subject Matter. Only judgments or final
judgment or final order of a Municipal Trial Court orders and those that the Rules of Court so declared
may be taken to the Regional Trial Court exercising are appealable. Since the issue is jurisdiction, an
jurisdiction over the area to which the former
original action for certiorari may be directed against
pertains. The title of the case shall remain as it was in an interlocutory order of the lower court prior to an
the court of origin, but the party appealing the case
appeal from the judgment; or where there is no
shall be further referred to as the appellant and the
appeal or any plain, speedy or adequate remedy.
adverse party as the appellee. (a)
As to the Period of Filing. Ordinary appeals should be
- Appeal is the remedy available to the litigant filed within fifteen days from the notice of judgment
seeking to reverse the jurisdiction or final or final order appealed from. Where a record on
order of a case on the merits by bringing it to appeal is required, the appellant must file a notice
the higher authority PP v hilario jan 11 2018 of appeal and a record on appeal within thirty days
Appeal is available …… (low internet connection ) from the said notice of judgment or final order. A
Petition for Review should be filed and served within
Vintorillo vs sta ana fifteen days from the notice of denial of the decision,
- Appeal is deemed continuation of the same or of the petitioner's timely filed motion for new trial
case commence in the lower court. adolfo v or motion for reconsideration. In an appeal
adolfo by certiorari, the petition should be filed also within
fifteen days from the notice of judgment or final
- Ang ni appeal is called appellant order, or of the denial of the petitioner's motion for
Ex: defendant ang mi appeal - defendant new trial or motion for reconsideration.
appellant, then ang plaintiff - Plaintiff-appellee - On the other hand, a Petition
for Certiorari should be filed not later than
sixty days from the notice of judgment, order,
RULE 45 vs RULE 65 or resolution. If a motion for new trial or
Petition for Review on Certiorari (an appeal motion for reconsideration was timely filed,
by certiorari) and a Petition for Certiorari (a special the period shall be counted from the denial
civil action/an original action for Certiorari), under of the motion.
Rules 45 and 65, respectively, of the Revised Rules of As to the Need for a Motion for Reconsideration. A
Court. The distinctions between these two remedies, motion for reconsideration is generally required prior
to wit: to the filing of a Petition for Certiorari, in order to
As to the Purpose. Certiorari is a remedy designed afford the tribunal an opportunity to correct the
for the correction of errors of jurisdiction, not errors of alleged errors. Note also that this motion is a plain
judgment. and adequate remedy expressly available under
the law. Such motion is not required before
As to the Manner of Filing. Over an appeal, the CA appealing a judgment or final order. Tagle vs
exercises its appellate jurisdiction and power of equitable PCI Bank G.R. NO. 172299 , April 22, 2008
An appealable judgment or final order refers Sec .1 should be filed in the RTC that has jurisdiction
to one that adjudicates the parties' over the place where the MTC is located
contention and determines their rights and
Ex: MTC in cebu city appeal RTC cebu city only not
liabilities as regards each other,25 disposing
RTC mandaue or lapu32x and vice versa
the whole subject matter of the case.
Bernardo v Soriano June 19 2019
What questions that can be raised?
It is well-settled that a party who has not - An appeal taken to the RTC may raise mixed
appealed from a decision cannot seek any question of facts and laws or pure questions
relief other than what is provided in the of facts or pure questions of law. Di pede
judgment appealed from. An appellee who ang decision sa MTC muditso sa SC even if
has himself not appealed may not obtain the appellant may raised pure questions of
from the appellate court any affirmative law.
relief other than the ones granted in the
TN: Exception:
decision of the court below. The appellee
can only advance any argument that he pede sayloan ang RTC when the MTC
may deem necessary to defeat the decision pertains to cadastral or land
appellant's claim or to uphold the decision registration cases-appeal to the CA by
that is being disputed, and he can assign means ordinary appeal.
errors in his brief if such is required to
- MTC rendered it decision in the exercise of its
strengthen the views expressed by the court
delegated jurisdiction a jurisdiction na sa RTC
a quo.15 These assigned errors in turn may be
dapat.
considered by the appellate court solely to
maintain the appealed decision on other MTC rendered election protest cases
grounds, but not for the purpose of reversing involving election of barangay officials.
or modifying the judgment in the appellee's
- is appealable to the COMLEC by ordinary
favor and giving him other reliefs. Coca Cola
appeal.
v Garcia Jan 31 2008
- Aside sa ani na instances ang decision sa
MTC i-appeal jud sa RTC as a general rule.
A party who did not file an appeal cannot seek
remedies or relief other than those awarded by the
Lower Court, kung ang appellee mismo dili satisfied Section 2. When to appeal. — An appeal may be
sa decision sa court pede mu appeal, pede ba na taken within fifteen (15) days after notice to the
sila 2 mu appeal? appellant of the judgment or final order appealed
from. Where a record on appeal is required, the
- Yes , defendant appellant, plaintiff
appellant shall file a notice of appeal and a record
appellant , this time moo na tawag cross
on appeal within thirty (30) days after notice of the
appeal if cla duha mi appeal. Considering
judgment or final order.
both of them have filed an appeal, they can
both asked remedy both in court. The period of appeal shall be interrupted by a timely
motion for new trial or reconsideration. No motion for
- MR not a pre requirement for filing appeal
extension of time to file a motion for new trial or
Remember the distinction between final order and reconsideration shall be allowed. (n)
interlocutory order ha. Determination is important
because the remedy that a losing party may pursue Can a period to file appeal be extended?
is different. - NO, it cannot be extended however under
FO: appeal the doctrine of neypes, if a party files an MR
or MNT he is given a fresh 15-day period
IO: petition for certiorari as the case may be within which to file appeal. Ang fresh period
rule applicable to all appeals from rule 40 to
rule 45.
Where should the appeal from the final order or
decsion of the MTC be taken? What will happen if an appeal is filed beyond the
reglementary period? (15/30)

- The appeal taken after the reglementary A trial court order disallowing a NOA may be
period has elapsed shall be denied a subject of a pet for certiorari under r 45
provided that a NOA is filed on time.
SC: the perfection in the manner and within the
period prescribe by law is not only mandatory but If its filed beyond the reglmentary period, the trial
jurisdictional. Failure to perfect that appeal renders court may refuse or disallow the same under sec 13
the judgment final and executory. De leon v r 41. Oro v diaz july 11 2001
Hercules Agro Industrial Corp June 2 2014
But if ang reason wa naka file ug appeal due to
Appeal is the remedy available to a litigant seeking FAME what if ang counsel pg receives decision
to reverse or modify a judgment on the merits of a nasakit ug covid so wa ka file daun ug NOA unsay
case. The right to appeal is not constitutional or remedy?
natural, and is not part of due process but is a mere
-petition for relief from judgment under r38
statutory privilege. Thus, it must be availed in
ground FAME
keeping with the manner set by law and is lost by a
litigant who does not comply with the rules. Cortal v - The failure of the adverse party to file a motion
Larrazabal Aug 30 21017 to dismis an appeal that is file beyond
reglementary period does not constitute waiver
on his part when the case is brought to appeal.
Some case mi allow ang SC bisan ni lapse na pero Pede ma raised sa Appellate Court because the
sa SC ra na ha! filing of appeal within the reglementary period is
jurisdictional. Manila memorial park vs CA nov 13
- SC has the power to Promulgate rules
2000
concerning the protection and
enforcement of constitutional rights,
pleading, practice, and procedure in all
What is Record on appeal (ROA)?
courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to When it is required and what is it?
the underprivileged. Sec 5 (5) 1987
- Record on appeal is only required in cases
Constitution.
when multiple appeal is allowed.
- That power to promulgate rules included the
- Ang allowed ra jud or mahimo ug subject
power to suspend rules
sa appeal kay Decsion ug Final Order but
PNB and national investment corp vs CA july 14 1993- naay instances ang court mu allow ug
3 days late appeal from a mere Interlocutory Order (IO).
Rep vs CA 83 scra 453- 6 day late What IO?
Siguenza vs CA 137 scra 540- 30 day late - Esp kanang sa special proceedings
Wa mi file daun ug notice of appeal kay nalimot nya Ex: probate of a will gi grant sa court ang probate
mu file ug petition for certiorari. Pede na? sa will, di mna mu end ang proceedings ana the
case ha to continue but the aggrieved party pede
- NO
maka file ug appeal form the ordering the probate.
- Appeal and petition for certiorari is mutually
Ex: partition, ang court, the 1st duty of the court is to
exclusive.
determine subject property in the case is owned in
- Appeal is available but same is lost, petition common and subject to partition. Ang order
for certiorari cannot be entertained. declaring the prop is owned in common is an IO but
it is subject to appeal. Considering na mapadaun
Petition for certiorari cannot be made for an appeal
ang kaso unsay basihan sa Appellate Court? Na
when the latter is avail but lost thru fault or
ang records mg pabilin sa LC kay wa pa nahuman
negligence of a party. De coco v CA July 31 2013
ang case moo mu require ang court sa submission
But when a notice of appeal is filed within the of records.
reglementary period it becomes the ministerial duty
What is ROA?
of the lower court to approve the same if that is
denied the remedy could be pet for certiorari or - Narration of the proceedings of the case in
mandamus. Phil bank of com vs CA feb 15 2017 trial court and attaching certified true copies
sa record sa kaso.

- Requires approval sa trail court Most important: state the material dates showing
the timeliness of the appeal
- mao ang certified true copies sa mga
records documents na naa sa records nga State what is material data rule:
mooy I use sa Appellate Court arun di ma
- Material date
affect ang proceedings sa Lower Court (LC).
- Date where appellant receives the copy of
What is the Mode of appeal?
the decision and the date where the appeal
- Ordinary appeal- mere filing by NOA is filed
The record on appeal enables the trial court to What is the effect if wa nmo mabutang when ma
continue with the rest of the case because the received ang decision?
original records remain with the trial court even as it
- the order denying or granting MR or MNT-
affords to the appellate court the full opportunity to
dismiss
review and decide the appealed matter. lebin v
mirasol sept 7 2011 - The appeal would be dismissed
Section 3. How to appeal. — The appeal is taken by

filing a notice of appeal with the court that rendered Within what period?
the judgment or final order appealed from. The
notice of appeal shall indicate the parties to the - 15 days if no ROA needed/ if ROA is req-30
appeal, the judgment or final order or part thereof - Cases ng needed og ROA ang mode of
appealed from, and state the material dates appeal is OA ghapon but ng require ug
showing the timeliness of the appeal. record. - - ROA is not a mode of appeal it is
A record on appeal shall be required only in special just an additional requirement.
proceedings and in other cases of multiple or ROA together with NOA ….. I republic vs misina nov
separate appeals. 15 2010
The form and contents of the record on appeal shall
be as provided in section 6, Rule 41.
The perfection of an appeal within the period laid
Copies of the notice of appeal, and the record on down by law is mandatory and jurisdictional,
appeal where required, shall be served on the because the failure to perfect the appeal within the
adverse party. (n) time prescribed by the Rules of Court causes the
Section 4. Perfection of appeal; effect thereof. — judgment or final order to become final as to
The perfection of the appeal and the effect thereof preclude the appellate court from acquiring the
shall be governed by the provisions of section 9, Rule jurisdiction to review the judgment or final order.
41. (n) The elimination of the record on appeal under Batas
Section 5. Appellate court docket and other lawful Pambansa Blg. 129 made feasible the shortening of
fees. — Within the period for taking an appeal, the the period of appeal from the original 30 days to
appellant shall pay to the clerk of the court which only 15 days from notice of the judgment or final
rendered the judgment or final order appealed from order. Section 3,27 Rule 41 of the Rules of Court,
the full amount of the appellate court docket and retains the original 30 days as the period for
other lawful fees. Proof of payment thereof shall be perfecting the appeal by record on appeal to take
transmitted to the appellate court together with the into consideration the need for the trial court to
original record or the record on appeal, as the case approve the record on appeal. Within that 30-day
may be. period a party aggrieved by a judgment or final
order issued in special proceedings should perfect
MTC to RTC – Ordinary Appeal (OA) an appeal by filing both a notice of appeal and a
What is Ordinary Appeal? record on appeal in the trial court, serving a copy of
the notice of appeal and a record on appeal upon
- Mere filing a NOA with the court that the adverse party within the period. lebin v mirasol
rendered decision or FO appealed from sept 7 2007
Unsay isuwat sa NOA? Before filing NOA or NOA with ROA a copy of
- Indicate the parties, Judgment, or FO which should be furnished to the adverse
appealed from
party automatic na otherwise appeal would What is the nature of the right to appeal?
be denied.
- merely statutory privilege
TN of the items to be dated in the NOA. 4
And it must be exercise in accordance with
items - most important: material date
the requirements set forth the law…. fortiz vs
showing timeliness of the appeal .
CA dec 4 1998
Di pede eextend ang period to file an appeal but
the period to file ROA can be extended moya v
barton july 18 1986 pede di mgkuug sa NOA ug ROA Rules allowed 1 appeal as a mode of review
- iuna lang ang NOA
2nd appeal subject to M to D
An appeal may be taken as a mode of review from
Dual functions of Appellate Court? decision of MTC to RTC but the appeal from the
decision of RTC is a matter of discretion. Romero v
1. Review for correctness function – whereby
CA jan 8 1997
the case is reviewed on appeal to secure
that substantial justice has been done to the
parties, considering justice to the particular
case Section 9 RULE 41. Perfection of appeal; effect
thereof. — A party's appeal by notice of appeal is
2. Institutional function –progressive deemed perfected as to him upon the filing of the
development of the law for general notice of appeal in due time.
application in the judicial system.
A party's appeal by record on appeal is deemed
perfected as to him with respect to the subject
Review for correctness: whether or not justice is matter thereof upon the approval of the record on
served to the parties appeal filed in due time.
Institutional: ang pg apply sa law pede maka In appeals by notice of appeal, the court loses
develop sa jurisprudence jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the
- Naay decision sa LC I sustain sa AC – ang time to appeal of the other parties.
application sa law naka develop sa balaod.
In appeals by record on appeal, the court loses
jurisdiction only over the subject matter thereof
BAR Q: upon the approval of the records on appeal filed in
due time and the expiration of the appeal of the
What is Harmless error rule? other parties.
- it refers to an error committed by a LC in the In either case, prior to the transmittal of the original
conduct of a trial such as inclusion or record or the record on appeal, the court may issue
exclusion of the evidence which does not orders for the protection and preservation of the
affect substantial rights of the parties to a rights of the parties which do not involve any matter
case thus the AC …. PP v tehankee oct 6 litigated by the appeal, approve compromises,
1995 permit appeals of indigent litigants, order execution
Harmless error sec 6 rule 51 pending appeal in accordance with 2 of Rule 39,
and allow withdrawal of the appeal.
Section 6 RULE 51. Harmless error. — No error in either
the admission or the exclusion of evidence and no - The provisions of rule 41 sec 9 are
error or defect in any ruling or order or in anything applicable to appeal under r 40
done or omitted by the trial court or by any of the - Sec 9 rule 41 –about perfection of appeal
parties is ground for granting a new trial or for setting and lost of jurisdiction
aside, modifying, or otherwise disturbing a judgment
or order, unless refusal to take such action appears Under 1st Paragraph: A party's appeal by notice of
to the court inconsistent with substantial justice. The appeal is deemed perfected as to him upon the
court at every stage of the proceeding must filing of the notice of appeal in due time.
disregard any error or defect which does not affect Lahi ang perfection of Appeal and lost of jurisdiction
the substantial rights of the parties.

Ex: P filed collection case against D amount 1 M, Naa ghapon pipila ka powers na maka exercise ug
after trial the court ordering D to Pay P the amount jurisdiction ang court But there is condition provided
of 1M the court however disallowed or did not grant that ROA has not yet forwarded to the AC.
the prayer of P to order D to pay interest ang 1M ra.
Unsa nang protective orders?
decision was promulgated last oct 15 2021. The
parties D and P thru counsels received their copies - Order to protect the rights of the parties ex:
oct 20 2021 not satisfied with the decision D filed involves the right of property, pede mu
NOA to the trial court oct 22 wa cy mi file ug MR dtso assign ug caretaker.
cya appeal. As far as D is concerned, the appeal
Another, within sa Residual Powers:
has already perfected as to him.
- Dismissal of the appeal – the trial court can
Unsa nang as to him?
order the dismissal of appeal sec 13 rule 41
- He could no longer asked remedy from the
trail court kay ni file cya ug appeal ang Section 13 RULE 41. Dismissal of appeal. — Prior to the
transmittal of the original record or the record on
remedy nya is on Appellate Court.
appeal to the appellate court, the trial court
Ng pasabot bana na wa nay jurisdiction ang trial may motu propio or on motion dismiss the appeal
court over the case? What if P mg file ug MR sa case? for having been taken out of time.
Pede pa ba maka file cya ug MR?
- Pede mg ka lainlain ang date sa appeal
- Yes, the court has not entirely lost his labina if different date sd cla nakadawat sa
Jurisdiction over the case. decision copy
- Wa na cyay jurisdiction as far as D but naa - Perfection of appeal- the filing of appeal
pa kang P
Ordinary Appeal- appeal is taken or
What if ng require cya ug ROA, when ma consider perfected by filing NOA on the trial court or
the perfected ang appeal ni D? upon the approval of ROA.
- upon the approval of the ROA If there are several defendants depends on the date
When mawala ang jurisdiction sa court completely? …each def has different period… blazon vs CA july
6 199_
- once the Adverse party would file appeal.
If mu appeal c P automatic way jursidcition Parties right to appeal is not depended on the
ang court but if di li after the expiration of the adverse party’s MR in the same way that a party’s
period of the adverse party to file appeal pa right to file MR is not hindered by filing the others
mawala ang jurisdiction sa trial court. party’s NOA. Bernardo vs oriano june 19 1990
In either case, appeal is perfected by mere filing of TN: Once an appeal is taken, the execution or
NOA or the appeal requires the submission of ROA enforcement of decision is stayed.
and even if both parties has already filed their - Gi orderan ka pabyron ug 1 M but ni
appeal or even if the period to file appeal of other appeal ka ayaw sa bayad
party has expired – wa nay jurisdiction diba.. the
court can exercise residual powers/jurisdiction. - But there are some instances that execution
pending appeal is allowed.
What do you mean by residual jurisdiction?
- Docket Fees and other Lawful fees
Last par sa sec 9 pabayad nasad.
In either case, prior to the transmittal of the original - Same ghapon ma dismiss ang kaso if di
record or the record on appeal, the court may issue mabayran ang Docket Fees sa pag file ug
orders for the protection and preservation of the appeal.
rights of the parties which do not involve any matter
- The non-payment of appeal fees and
litigated by the appeal, approve compromises,
lawful fees results to dismissal of the case.
permit appeals of indigent litigants, order execution
pending appeal in accordance with 2 of Rule 39, When bayran?
and allow withdrawal of the appeal.
- Within same period form taking appeal

- Because he has to reiterate the error

Sec 6. Duty of ther COC What are the questions that may raised on appeal?
Appeal is taken COC ihas th duty to forward the - even pure questions of law but usually
record to the AC. mixed questions of law and facts
Section 7. Procedure in the Regional Trial Court. — - bsan ang I raised is pure questions of law, di
pede mu ditso sa CA, RTC jud na
(a) Upon receipt of the complete record or
the record on appeal, the clerk of court of
the Regional Trial Court shall notify the parties Questions of Law vs Questions of Facts
of such fact.
Factual Questions (FQ) and Legal Questions (LQ)
(b) Within fifteen (15) days from such notice,
it shall be the duty of the appellant to submit LQ: When there is a disagreement between, the
a memorandum which shall briefly discuss parties on what particular provision of law shall be
the errors imputed to the lower court, a copy applied in this case.
of which shall be furnished by him to the FQ: when there is a disagreement between the
adverse party. Within fifteen (15) days from parties as to whether a particular witness is
receipt of the appellant's memorandum, the believable re not or particular document is falsified
appellee may file his memorandum. Failure or not.
of the appellant to file a memorandum shall
MTC to RTC- di material ang pg distinguish sa Legal
be a ground for dismissal of the appeal.
issue and factual Issue. Tungunan holdings v escano
(c) Upon the filing of the memorandum of sept 7 2011
the appellee, or the expiration of the period
to do so, the case shall be considered
submitted for decision. The Regional Trial Supposed the RTC dismissed the case bec the
Court shall decide the case on the basis of appellant fails to file memo? Unsay remedy?
the entire record of the proceedings had in
- Rule 42 pet for review. Ang v Gradida June
the court of original and such memoranda
8 2006
as are filed. (n)
TN: applicable to all appeal-issues that were not
Ddto sa RTC upon receipt of the complete record or
allege or prove before the LC cannot be raise for the
the record on appeal.
1st time on appeal. China trust com bank v turner
- “notify the parties of such facts” July 3 2017
Why important? Likewise the Appellate Court will not consider
documents not presented during the trial of the
- kanang notice mooy basihan sa pg file ug
case before the Lower Court. cabrera v clarin nov
memorandum.. The RTC would not require
28 2016
the appellant to submit memoranda in just
mere notice.
- mooy basihan sa pg compute sa 15 day for Ex: MTC Render decision even if without jurisdiction
memoranda
Ex: ejectment – no jurisdiction ang ground, gi
What if di mg submit ug memoranda? ignored sa MTC ng appeal one of the errors
assigned is the jurisdiction. RTC btaw way jurisdiction.
- dismiss
If way juris ang MTC kay ang RTC mooy naay
- Memo equivalent sa appellants brief jurisdiction but gi ignore sa MTC gi hearing.
In mem, appellant point outs the error of the LC. So - The RTC should try the case as if the case is
if way memo meaning way error-dismiss case. filed for the first time on that court.
Hearingon, I take cognizance. If no
Last sentence of letter B: Failure of the appellant to
presentation of evidence. Hearing na dtso
file a memorandum shall be a ground for dismissal of
no need presentation of evidence. (pls
the appeal.
clarify sa rules ni)
Appeal not required to file memo ang required ra
ang appellant why?
If ng hearing na sa MTC no need presentation of November 12, 2021

evidence muhimo ng bg-o decision ang RTC unida
v urban june 9 2005 Choy & Sherre
RULE 41
Section 8. Appeal from orders dismissing case Appeal From The Regional Trial Courts
without trial; lack of jurisdiction. — If an appeal is
Section 1. Subject of appeal. — An appeal may be
taken from an order of the lower court dismissing the
taken from a judgment or final 131``31``order that
case without a trial on the merits, the Regional Trial
completely disposes of the case, or of a particular
Court may affirm or reverse it, as the case may be.
matter therein when declared by these Rules to be
In case of affirmance and the ground of dismissal is
appealable.
lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction thereover, No appeal may be taken from:
shall try the case on the merits as if the case was
originally filed with it. In case of reversal, the case (a) An order denying a motion for new trial
shall be remanded for further proceedings. or reconsideration;
If the case was tried on the merits by the lower court (b) An order denying a petition for relief or
without jurisdiction over the subject matter, the any similar motion seeking relief from
Regional Trial Court on appeal shall not dismiss the judgment;
case if it has original jurisdiction thereof, but shall (c) An interlocutory order;
decide the case in accordance with the preceding
section, without prejudice to the admission of (d) An order disallowing or dismissing an
amended pleadings and additional evidence in the appeal;
interest of justice. (n) (e) An order denying a motion to set aside a
Section 9. Applicability of Rule 41. — The other judgment by consent, confession or
provisions of Rule 41 shall apply to appeals provided compromise on the ground of fraud, mistake
for herein insofar as they are not inconsistent with or or duress, or any other ground vitiating
may serve to supplement the provisions of this Rule. consent;
(n) (f) An order of execution;
(g) A judgment or final order for or against
one or more of several parties or in separate
claims, counterclaims, cross-claims and
third-party complaints, while the main case is
pending, unless the court allows an appeal
therefrom; and
(h) An order dismissing an action without
prejudice.
In all the above instances where the judgment or

final order is not appealable, the aggrieved party
may file an appropriate special civil action under
Rule 65. (n)
An appeal may be taken from a judgment or final
order that completely disposes a case or a
particular matter therein when declared by the
Rules to be appealable.
There are, however, matters that cannot be subject
of appeal as mention in Sec. 1.
What may be the subject of appeal under Sec. 1?
There are three:
1. Judgment
2. Final order ba ron ang kaso for failure to prosecute, pwede na

iappeal-lar.
Judge D: You must be able to
determine/distinguish a final order from an There are cases that the ROC allows multiple
interlocutory order. appeals.
It is important to distinguish one from the other
because the remedy of the aggrieved party is
So, dunay mga order na bisan interlocutory pwede
different.
ma appeal-lar. Kadghanan niana nga mga cases
The remedy from: wherein the ROC allow multiple appeal are Special
Proceedings.
Final Order- Appeal
IO- not appeal because it is not appealable
Example:
Probate of the Will
3. A particular matter in a case when declared by
the Rules to be appealable Although, in partition, multiple appeals are also
allowed. Pero dili na sya special proceeding but
What do you mean by “a particular matter in a
Special Civil Action.
case when declared to be appealable”?
Other examples:
This refers to an IO which the ROC allowed to be
appealable. Partition
For example: Expropriation, multiple appeals are allowed.
In an expropriation proceedings, an order TN:
declaring the subject properties to be proper for
These are not Special Proceedings but Special Civil
expropriation can be subject of an appeal even
Actions.
if that order allowing the expropriation is an IO.
Are there orders or judgment that may not be
Example 2:
subject of appeal?
An order allowing or disallowing a will.
YES. Under Sec 1.
An order allowing or disallowing a will is a
Sec. 1 enumerates the orders/judgment that cannot
considered an IO because it does not terminate
be a subject of appeal.
the proceedings/entire case. The proceedings
of the case has to continue but the ROC allow TN: Timan-anan ni sya kay kung dili siya ma subject
that order allowing or disallowing a will to be ug appeal, ang remedy niya could be Petition for
subject of appeal. Certiorari
Dunay mga IO na ang ROC mi allow ug appeal. Unsa maning maong mga orders/judgment nga dili
pwede iappeal-lar?
As what we have learned, appeal is the proper
remedy from the order denying a motion for leave (a) An order denying a motion for new trial or
to file for third-party complaint. reconsideration;
De Dios v. Balagot, Aug 10, 1967 - cannot be a subject of appeal, ang
isubject ug appeal kay katong decision
Appeal is the remedy from order denying a motion
mismo or katong final order na subject of
for leave to intervene.
the reconsideration
Gallego v. Galang, July 27, 2004
(b) An order denying a petition for relief or any
In special proceedings, multiple appeals are similar motion seeking relief from judgment;
allowed.
(c) An interlocutory order;
In cases where multiple appeals are allowed---
(d) An order disallowing or dismissing an appeal;
Mu ingon gani tag multiple appeals---
- for example:
Usually gud sa usa ka kaso, one appeal ra. Kana
ang defendant mi file ug notice of
rang decision or kanagn dunay final order. Idismiss
appeal but it was disallowed by the
court, the order of the court - judgment also on the counter claim or
disallowing/dismissing the appeal may final order of the counterclaim, cross-
be a subject of Petition for Certiorari claim or third-party complaints.
(PfC)
The order cannot be subject of an
TN: Nganung mi ingon ko na may be? appeal because it has to wait for the
termination of the main case.
Kay kanang PfC presupposes that there is
grave abuse of discretion or in excess of (h) An order dismissing an action without prejudice.
jurisdiction
Example 1:
Kay kung sakto pud diay pag idismiss sa
The court dismiss the case based on the
appeal, for example, it was filed beyond the
affirmative defense (AD) of improper venue.
reglementary period, then the dismissal is
proper.
Pero kung gi file within the period to file The order of the court dismissing the case based
appeal, unya gideny, then that can be a on improper venue is without prejudice.
subject of PfC because there could be an
abuse of discretion.
What do you mean by “without prejudice”?
If the reason why is it that the aggrieved
Meaning without prejudice of its refiling. It can
party fails to file a notice of appeal on time
be refiled.
is due to fraud, accident, mistake or
excusable negligence (FAME) The order of the court dismissing the case cannot
be a subject of appeal.
Remedy: Petition for Relief from Judgment
(Next topic after appeal) Unsa may remedy ana sa aggrieved party?
Pwede siya mo file ug Petition for Relief from REFILE the case kung tinuod/sakto man nga
the order denying or dismissing the appeal improper ang venue. Refile the case at the
on the ground of, for example, accident. proper venue.
(e) An order denying a motion to set aside a Pero kung to the mind of the aggrieved party, it
judgment by consent, confession or is the court that committed grave abuse of
compromise on the ground of fraud, mistake or discretion in dismissing the case, then iyahang
duress, or any other ground vitiating consent; remedy would be Petition for Certiorari under
Rule 65.
(f) An order of execution;
Example 2:
(g) A judgment or final order for or against one or
more of several parties or in separate claims, Another example of an order which is a dismissal
counterclaims, cross-claims and third-party without prejudice.
complaints, while the main case is pending,
On the ground of lack of jurisdiction over the
unless the court allows an appeal therefrom;
subject matter.
and
For example, the case is filed in the MTC. It was
- just in case dunay final order or judgment
dismissed by the MTC on the ground of lack of
sa counter claim/separate claim, kana
jurisdiction because according to the mind of
bitawng-
the court, the jurisdiction is within the jurisdiction
Kahinumdom mo sa Joinder of Causes of of the RTC. It was dismissed. The order of the
Action court dismissing the case based on lack of
jurisdiction is a dismissal without prejudice.
So kung dunay decision or judgment ang
court sa one of the causes of action, the It can be refiled. BUT if ever the court acted with
judgment of the court cannot be subject of grave abuse of discretion because the
appeal. jurisdiction is actually in the MTC, the aggrieved
party may file a PfC.
It has to wait for the decision in the entire
case. Remember: EXCEPTION
Sec 8, Rule 40

RULE 40 If the trial court dismiss a case on the ground of

improver venue, the dismissal is without prejudice.
Appeal From Municipal Trial Courts to the Regional
Trial Courts Can it be a subject of appeal?
Section 8. Appeal from orders dismissing case The answer is NO. An order of dismissal without
without trial; lack of jurisdiction. — If an appeal is prejudice cannot be a subject of appeal
taken from an order of the lower court dismissing the The remedy of the aggrieved party, if ever there is
case without a trial on the merits, the Regional Trial grave abuse of discretion, is PfC. But the more
Court may affirm or reverse it, as the case may be. appropriate remedy is to REFILE the case at the
In case of affirmance and the ground of dismissal is proper venue if the trial court was correct in
lack of jurisdiction over the subject matter, the dismissing the case.
Regional Trial Court, if it has jurisdiction thereover,
shall try the case on the merits as if the case was Morales v. Villanueva, November 20, 2019
originally filed with it. In case of reversal, the case Appeal from the order of the court denying a MR is
shall be remanded for further proceedings. not allowed. Kung ang MR involving a judgment or
If the case was tried on the merits by the lower court final order of the court is denied, ang remedy sa
without jurisdiction over the subject matter, the aggrieved party ana dili ang pag appeal-lar atong
Regional Trial Court on appeal shall not dismiss the order denying the MR but an appeal from the
case if it has original jurisdiction thereof, but shall judgment itself or final order.
decide the case in accordance with the preceding Mendiola v. CA, July 18, 2012
section, without prejudice to the admission of
amended pleadings and additional evidence in the
interest of justice. (n) Order disallowing Notice of Appeal, the remedy for
If you look at Sec. 8, Rule 40, naa dinha na kung this is not appeal but a PfC, again, if there is grave
pananglitan ang kaso gidimiss sa MTC on the abuse of discretion.
ground of lack of J over the SM, pwede sya ma Phil. Bank of Communications v. CA, February 15,
appeal-lar. Kana rapud ang exception. 2017
Pwede sya ma appeal-lar ang order sa MTC
dismissing the case, pero ig abot didto sa RTC, e
affirm gani sa RTC, agrees with the MTC that Usbon nako, if the aggrieved party was prevented
indeed the MTC has no J because it is the RTC from taking a timely appeal due to FAME, his
has the J. remedy is Petition for Relief from such order denying
the appeal under Rule 38, Sec 2.
Unsa may buhaton sa RTC?
RULE 38
The RTC will not dismiss the case, and it will not
require the Plaintiff to refile the case, but would Relief from Judgments, Orders, or Other Proceedings
TRY the case as if it was first filed in the RTC. Sa Section 2. Petition for relief from denial of appeal. —
atu pa di sya idismiss. The RTC will take When a judgment or final order is rendered by any
cognizance of the case. court in a case, and a party thereto, by fraud,
If ever, there was already a reception of accident, mistake, or excusable negligence, has
evidence in the MTC and the MTC has decided been prevented from taking an appeal, he may file
the case although it has no jurisdiction, the RTC a petition in such court and in the same case
will now decide the case anew/will render a praying that the appeal be given due course. (1a)
new decision over the case. Dili nana siya mag
What about an order of dismissal on the ground of
hearing pero mu buhat siya ug laing decision
forum shopping?
nga as if the case was filed in the RTC.
Diba nahinumdom mo nga forum shopping is a
Mao na ang exception.
ground of dismissal or absence of certification
What is the remedy, again, of the aggrieved party in against forum shopping.
those instances where appeal is not available?
That is a dismissal w/o prejudice. Being a dismissal
It would be Petition for Certiorari under Rule 65 w/o prejudice, appeal is not the proper remedy.
Remedy but PfC under Rule 65.

Casupanan v. Laruya, August 26, 2002

1. ORDINARY APPEAL
Section 2. Modes of appeal. — Unsa gani tu ng ordinary appeal? How is it taken?
Unsa tu nahinumduman ninyo kung ordinary appeal
(a) Ordinary appeal. — The appeal to the na siya?
Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its When we say ordinary appeal, the appeal is taken
original jurisdiction shall be taken by filing a by mere filing of a Notice of Appeal with the court
notice of appeal with the court which that renders the decision.
rendered the judgment or final order Ari ragyud. Kung kaning korteha maoy ga render sa
appealed from and serving a copy thereof decision, ang NOA anhi ragyud nimo diri ifile. Ayaw
upon the adverse party. No record on jud mo kasayop ana ha kay:
appeal shall be required except in special
proceedings and other cases of multiple or Diha tuy abogado, bag-o pa rabang abogado. Mi
separate appeals where law on these Rules file sya ug NOA. MTC ang decision, ang decision
so require. In such cases, the record on girender sa MTC unya pilde ang iyang kliyente.
appeal shall be filed and served in like Kabaw mo asa niya gi appeal-lar? Asa niya gi file
manner. ang NOA? Didto sa RTC. Wrong court! Nya bgg-o
man untang abogado. Nganu man diayng bag-o?
(b) Petition for review. — The appeal to the Sa ato pa presko pa iyang nakat-unan sa
Court of Appeals in cases decided by the skwelahan. So unsa may nahitabo? Kay gi file man
Regional Trial Court in the exercise of its nya ang NOA sa wrong court, ang decisiond diri wa
appellate jurisdiction shall be by petition for mo stop. Ang reglementary period wa mo stop. So
review in accordance with Rule 42. nabawian ug house and lot iyang client. Pilde man.
(c) Appeal by certiorari. — In all cases where So ayaw gyud intawn. Ayaw.
only questions of law are raised or involved, So asa i-file ang NOA?
the appeal shall be to the Supreme Court by
petition for review on certiorari in Sa court nga nag issue sa final order ug sa decision
nga gi appeal-lar.
accordance with the Rule 45. (n)
Judge D: Timan-e na ninyo. Ayaw mog ka subay
Very important!
atong abogado. Dili man hinuon taga San Jose. Kay
kung taga San Jose patu, dunay juy kasaba kay wa
maminaw nako. Dili man nuon taga San Jose, taga
Sec. 2 tells us the different modes of appeal from the
laing skwelahan. Kay kung taga San Jose pa, ako
decision of the RTC.
jung ing non ‘Mirisi nimo kay wa ka maminaw.’ Idk
kung gilunggoan ba tu ug liog sa kliyente. Laliman
ka ug gikuhaan ug house and lot kay gipa eject.
Sa tanang mga korte, kining decision ug finals orders
Gipapahawa. Kay ang decision mo final and
sa RTC kay medyo confusing gamay ug asa
executory.
iappeal-lar.
Me: Syarog di ta ma motivate maningkamot.
Mao na ang first mode of appeal. Ordinary appeal
Of all the lower courts, it is the decision/final order of
under Rule 41.
the RTC which is a little bit confusing as to where is it
appealable. Another name anang Ordinary Appeal is Appeal by
Writ of Error
Tagsa rata makadungog aning Appeal by Writ of
Judge D: Pero himuon tani ug sayon. Paminaw lang
Error pero mas maayo atong hinumduman kay
gyud.
basin nya ug ipangutana:
Me: :’(
“What do you mean by Appeal by Writ of Error?”
What are the different modes of appeal from the
Unsa kaha noh. Naa ra bay ubang examiners nga
decision or final order of the RTC?
sadista. Ganahan maglibog ang kuan (barrister?).
There are 3 modes of appeal from the decision or
final order of the RTC.
So, Ordinary Appeal is otherwise known as Appeal TN:

by Writ of Error. Hinumdumi lang basin nyag
In this mode of appeal, the appellant is allowed to
ipangutana sa bar.
raise mixed questions of law and facts or pure Q of
This is under Rule 41, this is an appeal to the CA in facts. (Timan-anan) An ordinary appeal under Rule
cases decided by the RTC in the exercise of its 41, is not allowed to raise pure Q of law, otherwise it
original jurisdiction. would be dismissed.
Kaning Ordinary appeal para ni sa decision
rendered by the RTC in the exercise of its original
An appeal erroneously taken to the CA, erroneous
jurisdiction.
because it raises only pure Q of law, shall not be
Sa nahinumduman nato gud, ang RTC duna syay transferred to the appropriate court but shall be
original jurisdiction, duna pud syay appellate dismiss outright. According to Sec. 2 Rule 50.
jurisdiction.
Quezon City v. ABS-CBN Broadcasting Corp.,
So if the decision is rendered by the RTC in the October 6, 2008
exercise of its original jurisdiction, the remedy from
Asa man diay ifile ang appeal kung pananglitan
the adverse decision or final order could be ordinary
ang appellant would only raise pure Q of law?
appeal to the CA.
It should not be under Rule 41, it should not be
BarQ
appealed to the CA but the appeal should be taken
How is it taken/done? to the SC under Rule 45 by filing a Petition for Review
on Certiorari in the SC. This is the 2nd mode of appeal.
It shall be taken by filing of notice of appeal with the
court that render the judgment or final order 2. PETITION FOR REVIEW ON CERTIORARI under RULE
appealed from and serving a copy thereof on the 45
adverse party.
That is how to take appeal.
This is an appeal directly to the SC from the decision
No record on appeal is required except in special or final order rendered by the RTC in the exercise of
proceedings and other cases where multiple its original jurisdiction where pure Q of law are raised.
appeals are allowed by the rules.
Makasabot/makahinumdom naman ka noh unsay
Asa ifile gani ang Petition for Review on Certiorari?
record on appeal? Aron makahinumdom ka ug
usab. Kanang: Adto didto sa Supreme Court.
Record on Appeal
Mao na ang record sa original case nga certified Q from the Class.
true copy. Ipadala na sya didto sa appellate court
Judge D: Ako naning gitubag last time. Wa
kay ang original record magpabilin diri sa trial court.
maminaw. (Hadlok naman sad ta mangutana.)
Kay wala pa mahuman ang “entire” na kaso.
Is there a possibility that both parties would file
Kanang record on appeal required rana sa mga
appeal?
kaso nga giallow ang multiple appeals. Such as:
YES. Mao nay gitawag ug Cross Appeal. Pwede na
- Special proceedings
sya kay ang dili mo file ug appeal, dili maka seek ug
Perfection of Appeal affirmative relief didto sa appellate court. Ang iyaha
ra jung mahimo is to defend the decision of the
The appeal is deemed perfected as to the
lower court. So, kung duna syay wala mauyonan sa
appealing party upon his timely filing of the notice
decision sa trial court or sa lower court, kinahanglan
of appeal.
mo file pud sya ug appeal. Mu apil pud sya ug
The court will lose jurisdiction upon the expiration of appeal. (lol) Puro sila appellant.
the time to appeal of the other party.
That’s the second mode of appeal.
Gihisgutan na natu last time nga lahi man diay ning
This time asa ifile ang Petition for Review on
perfection of appeal, lahi pud diay ning lose of
Certiorari?
jurisdiction.

Dili na diri sa trial court, adto didto sa Supreme Court. Timan-e unsa nang taken taken ha, another word
Diretso didto sa SC. Ang ifile Petition for Review on anang taken, perfected.
Certiorari (PFRC). Baga kay na, mura kag gabuhat
So the third mode of appeal is Petition for Review
ug libro ana. Hasol buhaton. Dili pareho sa NOA na
(PFR).
sayon ra kaayo, usa ra ka paragraph pero kanang
PFRC, hasol kaayo. PFR, unsay subject ani?
Usbon nako. Ang pwede iappeal-lar diretso didto sa Decision or final order of the RTC rendered in ithe
SC kana rang question of law. Kanang mo appeal- exercise of its appellate jurisdiction.
lar nga ang iyahang iquestion, question of law ra, di
How is it taken?
sya mo question sa facts. Mu admit sya sa facts. Ang
iyahang gi question ang pag apply ra sa balaod. It shall be taken by filing a PFR in the CA. Adto sa CA
ha, dili diri sa RTC. Timan-e jud na ninyo.
2 inyong timan-an:
In this mode, PFR, the petitioner/appellant could
- Question of law; and
raise mixed Q of facts and law or pure question of
- Judgment, the decision or the final order fact or pure Q of law.
must be rendered by the RTC in the exercise
- pwede ra balaod ra imong iquestion, ang
of its original jurisdiction.
application ra sa balaod imong iquestion.
Remember that even if the appeal, if the
If the decision or final order was rendered by the RTC decision/final order is rendered by the RTC in the
in the exercise of its appellate jurisdiction, exercise of its appellate jurisdiction, even if the
appeal would only raise pure Q of law, the appeal
- appellate jurisdiction, asa mani ga gikan
should be taken to the CA.
ning kasoha? Didto sa MTC
- sa CA ragyud, di pwede adto diretso sa SC
- didto sa MTC, gi appeal-lar sa RTC
- BASTA ang decision rendered in the exercise
- so ang RTC karon, mibuhat ug decision
of its appellate jurisdiction by the RTC, bisan
either affirming or denying the appeal
pag pure Q of law. Timan-e ha.
Five Star Marketing Company, Inc v. Booc, October
Karo asa maning iappeal-lar ang decision sa RTC 5, 2007
rendered in the exercise of its appellate jurisdiction?
Usbon nako:
Adto sa CA, mao ni ang third mode of appeal.
There are 3 modes of appeal from the decisions of
the RTC:
3. PETITION FOR REVIEW under RULE 42 1. Ordinary Appeal or Appeal by Writ of Error
The decision of the RTC rendered in the exercise of - where judgment was rendered by the
its appellate jurisdiction, meaning the case came RTC in the exercise of its original
from the MTC, shall be appealed to the CA. jurisdiction
How is it taken/done? -
It shall be taken by filing a Petition for Review in the 2. Petition for Review
CA in accordance with Rule 42.
- where judgment was rendered by the
Perfection of Appeal RTC in the exercise of its appellate
jurisdiction
It shall be deemed perfected upon the:
- timely filing of the Petition for Review and
3. Petition for Review on Certiorari
- the payment of corresponding docket fees
- to the SC
The RTC shall lose jurisdiction upon perfection of the
appeal and the expiration of time to appeal by the - wherein only pure question of law could
other parties. be raised
Garcia v. Municipality of Iba, Zambales, July 22 2015

Other SC decisions but with the same tenor Mr. D wants to question the decision of the RTC to
the CA. What is the mode of appeal?
All appeals from judgments rendered by the RTC in

exercise of its appellate jurisdiction, regardless of Answer:
whether the appellant raises Q of fact or pure Q of
The mode of appeal would be ordinary appeal.
law or mixed question of fact and law shall be
brought to the CA by filing a Petition for Review
under Rule 42.
Nganung ordinary appeal man?
Quezon City v. ABS-CBN Broadcasting Corp.,
Because the Petition for Certiorari that Mr. D filed in
October 6, 2008
the RTC is an original action. Kanang PFC is an
original and separate action from the main case.
Being an original case and the decision of the RTC
Appeal taken to the SC or to the CA by the wrong
was rendered in the exercise of its original
mode or inappropriate mode of appeal shall be
jurisdiction, then the proper mode of appeal from
dismissed.
the decision of the RTC to the CA is Ordinary Appeal
- mao ng kinahanglan timan-an jud ninyo. under Rule 41.
Five Star Marketing Company, Inc v. Booc, October Garcia v. Municipality of Iba, Zambales, July 22 2015
5, 2007
Section 3. Period of ordinary appeal; appeal in

Appeal by notice of appeal under Rule 41 is a habeas corpus cases. — The appeal shall be taken
matter of right. But appeal by Petition for Review within fifteen (15) days from notice of the judgment
under Rule 42 is a matter of discretion. or final order appealed from. Where a record on
appeal is required, the appellant shall file a notice
of appeal and a record on appeal within thirty (30)
REMEMBER: Rule of the thumb days from notice of the judgment or final order.
First pa ganing appeal, that’s a matter of right. However, on appeal in habeas corpus cases shall
be taken within forty-eight (48) hours from notice of
the judgment or final order appealed from. (A.M No.
Pero ikahuman ana, mapildi, for example, ang 01-1-03-SC, June 19, 2001.)
aggrieved party, mu appeal-lar pa gyud sya sa The period of appeal shall be interrupted by a timely
taas. Now, the second appeal would be a matter of motion for new trial or reconsideration. No motion for
discretion of the appellate court. extension of time to file a motion for new trial or
- pwede idismiss outright. reconsideration shall be allowed. (n)
Garcia v. Municipality of Iba, Zambales, July 22 2015 What is the period within which the adverse party
may file his appeal to the CA?
Uniform ni. Dili mo maglibog.
Question:
Gikan diri sa MTC all the way to the SC, ang period
Mr. P filed a complaint for sum of money against Mr. to file appeal is 15 days / 30 days.
D in the MTC. Now, Mr. P filed a motion to declare
Mr. D in default even if there was improper service If Record of appeal is required, it would be 30 days.
of summons. So, there was improper service of
summons and yet, the trial court on motion of the
plaintiff declared the defendant in default. That is under Sec. 3.
When the MR of Mr. D was denied, he filed a Petition TN: Duna lay exception anang 15 days.
for Certiorari in the RTC. The RTC dismissed his Dunay kaso nga dinalian.
petition. What will be the proper mode of appeal if
Mr. D wants to appeal the decision to the CA. Unsa - Habeas Corpus. 48 hours
may proper mode of appeal niya?

Bantay mo anang naay uban nga mga kuan mo According to the SC, the payment of docket fees
download ra bitaw gikan anang sa internet. Naay within the prescribed period is mandatory for the
uban nga wala ma updated. Wala mabutang ang perfection of appeal. Without such payment, the
period of appeal sa Habeas Corpus. Kanang imong appellate court does not acquire jurisdiction over
copy ron wala gani na, imo ranang gi download. the subject matter of the action and the decision
Downloaded rana. Tan-awa way habeas corpus sought to be appealed from becomes and final
dira. Wa na ma updated. Bantay mo. executory. (Ing-ana ka importante ang docket
fees.)
Zosa vs. Consilium, Inc., September 19, 2018
Filing of MR in appeal is not a pre-requisite. Not a
condition sine qua non. Dili na. Pwede raka mu
diretsog appeal-lar. Pwede ra.
That is also stated in Sec. 13, Rule 41.
If ever a MR is filed or Motion for New Trial (MNT) is

There are 2 grounds that the RTC may dismiss or deny
filed, remember the case of Neypes v. CA. The
the appeal or dismiss the notice of appeal:
aggrieved party is given fresh period of 15 days. Not
just the remaining period but a fresh period of 15 1. When it is filed out of time.
days.
2. When the docket fees are not paid.
Pananglitan, nakadawat ka karon sa decision,

In any of those grounds, the RTC can dismiss the
karong adlawa. Unya mi file kag MR diri na sa ikaw
appeal. That’s under Sec. 13, Rule 42.
14th day. So pila naman lang kulang unta nimo?
1day nalang.
Another IMPORTANT Reminder:
Now, under the Neypes v. CA, the Neypes Doctrine, Section 5. Notice of appeal. — The notice of appeal
the aggrieved party will have a fresh period of 15 shall indicate the parties to the appeal, specify the
days from receipt of the order denying the MR/MNT. judgment or final order or part thereof appealed
from, specify the court to which the appeal is being
taken, and state the material dates showing the
Duna syay fresh period of 15 days. So mao ng ubang timeliness of the appeal. (4a)
mga lawyers, aron in order to buy time, mo file rag
MR just to avail of the fresh period. Kay kung dili ka The Notice of Appeal shall state the material dates
mo file ug MR, walay fresh period of 15 days. showing the timeliness of the appeal.
Unsa ning material dates?

Section 4. Appellate court docket and other lawful
fees. — Within the period for taking an appeal, the Material dates, that refers to the date when the
appellant shall pay to the clerk of the court which appellant has received a copy of the decision or a
rendered the judgment or final order appealed copy of the order denying his MR/MNT.
from, the full amount of the appellate court docket
and other lawful fees. Proof of payment of said fees
shall be transmitted to the appellate court together Nganung importante maning maong “date of
with the original record or the record on appeal. (n) receipt”?
Docket fee, importante na. Date of receipt of the judgement or Date of the
receipt of the order denying the MR/MNT; because
this date will indicate ethe timelines of the appeal.
According to SC and even under the rules,
nonpayment of the docket fee is a ground for
dismissal of the case. Importante ni kay kung dili na nimo e-state kung
kanus-a nadawat sa aggrieved party ang maong
decision or kopya sa order, kung di niya e-state,
denied gyud na imong notice of appeal because
there is no showing it was filed on time. Dili mo amendment by the inclusion of any omitted matters
compute ang court para nimo. which are deemed essential to the determination of
the issue of law or fact involved in the appeal. If the
trial court orders the amendment of the record, the
Unsaon man pagkahibaw sa korte kung kanus-a appellant, within the time limited in the order, or
nakadawat? So mao ng gitawag na Material Dates. such extension thereof as may be granted, or if no
time is fixed by the order within ten (10) days from
receipt thereof, shall redraft the record by including
Gipangutana ni sa BAR. Explain what is the Material therein, in their proper chronological sequence,
Data Rule. such additional matters as the court may have
directed him to incorporate, and shall thereupon
Section 6. Record on appeal; form and contents
submit the redrafted record for approval, upon
thereof. — The full names of all the parties to the
notice to the appellee, in like manner as the original
proceedings shall be stated in the caption of the
draft. (7a)
record on appeal and it shall include the judgment
or final order from which the appeal is taken and, in ROA is required to be approved.
chronological order, copies of only such pleadings,
petitions, motions and all interlocutory orders as are
related to the appealed judgment or final order for Section 8. Joint record on appeal. — Where both
the proper understanding of the issue involved, parties are appellants, they may file a joint record
together with such data as will show that the appeal on appeal within the time fixed by section 3 of this
was perfected on time. If an issue of fact is to be Rule, or that fixed by the court. (8a)
raised on appeal, the record on appeal shall
include by reference all the evidence, testimonial Diha tuy nangutana ganiha, pwede ba nga ang
and documentary, taken upon the issue involved. both parties mu appeal-lar?
The reference shall specify the documentary Mao ni Sec. 8. When both parties are appellants.
evidence by the exhibit numbers or letters by which
it was identified when admitted or offered at the - sa ato pa puro sila mi file ug appeal.
hearing, and the testimonial evidence by the names
of the corresponding witnesses. If the whole
testimonial and documentary evidence in the case Section 9. Perfection of appeal; effect thereof. — A
is to be included, a statement to that effect will be party's appeal by notice of appeal is deemed
sufficient without mentioning the names of the perfected as to him upon the filing of the notice of
witnesses or the numbers or letters of exhibits. Every appeal in due time.
record on appeal exceeding twenty (20) pages A party's appeal by record on appeal is deemed
must contain a subject index. (6a) perfected as to him with respect to the subject
Unsa tu ng Record on appeal? matter thereof upon the approval of the record on
appeal filed in due time.
That refers to the certified true copies of the original
record. The same shall be arranged according to In appeals by notice of appeal, the court loses
chronological order. jurisdiction over the case upon the perfection of the
appeals filed in due time and the expiration of the
time to appeal of the other parties.
Asa gani tung mga kaso na ga required ug ROA In appeals by record on appeal, the court loses
aside from NOA? jurisdiction only over the subject matter thereof
In cases where multiple appeals are allowed. Mostly upon the approval of the records on appeal filed in
special proceedings. due time and the expiration of the appeal of the
other parties.
In either case, prior to the transmittal of the original
Section 7. Approval of record on appeal. — Upon record or the record on appeal, the court may issue
the filing of the record on appeal for approval and orders for the protection and preservation of the
if no objection is filed by the appellee within five (5) rights of the parties which do not involve any matter
days from receipt of a copy thereof, the trial court litigated by the appeal, approve compromises,
may approve it as presented or upon its own motion permit appeals of indigent litigants, order execution
or at the instance of the appellee, may direct its

pending appeal in accordance with 2 of Rule 39, Unsa man tung Sec. 1, Rule 9?
and allow withdrawal of the appeal. (9a)
Kato bitawng pwede e-dimiss motu proprio sa court
Was discussed already when we took up RULE 40. Di on the ground of:
na nako ibalik kay pul-an namo. - lack of jurisdiction over the subject
matter,
TN: (Important) - res judicata,
2 Things that you should remember in Sec. 9. - prescription, etc
Section 9 tells us: When these facts are apparent on the face of the
complaint.
1. When is appeal considered perfected and;
When does the court lose jurisdiction over the
entire case? TN: Lahi ang Residual Powers ug lahi ang Residual
- that number one, important thing here Prerogatives
2. The residual powers of the court. Section 10. Duty of clerk of court of the lower court
upon perfection of appeal. — Within thirty (30) days
after perfection of all the appeals in accordance
Unsa gani tu ng residual powers of the court? with the preceding section, it shall be the duty of the
clerk of court of the lower court:
This refers to the power of the court to issue certain
orders even if it has already lost jurisdiction over the (a) To verify the correctness of the original
case, provided, the original record or the record on record or the record on appeal, as the case
appeal has not yet been forwarded to the may be aid to make certification of its
appellate court. correctness;
- timan-e ang mga requisites kanus-a maka (b) To verify the completeness of the records
exercise ug residual power ang court that will be, transmitted to the appellate
- Bisaya ani aron makahinumdom mo: court;
DUKOT JURISDICTION (c) If found to be incomplete, to take such

measures as may be required to complete
- dukot nalang, wala nay power pero pwede the records, availing of the authority that he
pa sya maka act, pwede pa sya maka issue or the court may exercise for this purpose;
atung mga orders. and
(d) To transmit the records to the appellate
TN: Look at those orders that the court/RTC may still court.
issue even if it has already lose jurisdiction over the
If the efforts to complete the records fail, he shall
case.
indicate in his letter of transmittal the exhibits or
- timan-e na kay kadaghan nana transcripts not included in the records being
gipangutana sa bar transmitted to the appellate court, the reasons for
their non-transmittal, and the steps taken or that
- Residual Powers
could be taken to have them available.
The clerk of court shall furnish the parties with copies
Lahi pud na syang sa Residual Prerogatives. of his letter of transmittal of the records to the
appellate court. (10a)
Unsa manang Residual Prerogatives? The records shall be forwarded to the CA within 30
days by the Clerk of Court.
Kanang residual prerogatives kato ng sa Section 1,
Rule 9.
--- just a matter of reading---

Section 11. Transcript. — Upon the perfection of the reglementary period. (As amended by A.M No. 00-
appeal, the clerk shall immediately direct the 2-10-SC, May 1, 2000.)
stenographers concerned to attach to the record of
Gidiscuss na ganiha.
the case five (5) copies of the transcripts of the
testimonial evidence referred to in the record on
appeal. The stenographers concerned shall
These are the grounds for the dismissal of the appeal
transcribe such testimonial evidence and shall
by the trial court.
prepare and affix to their transcripts an index
containing the names of the witnesses and the
pages wherein their testimonies are found, and a list
There are 2 Grounds:
of the exhibits and the pages wherein each of them
appears to have been offered and admitted or 1. When it is taken out of time; OR
rejected by the trial court. The transcripts shall be
2. Non-payment of the docket fees.
transmitted to the clerk of the trial court who shall
thereupon arrange the same in the order in which
the witnesses testified at the trial, and shall cause the --- (Judge D talking about downloaded source of
pages to be numbered consecutively. (12a) the ROC) Bantay pud mo anang nag download ra
The stenographers are required to transcribed the kay dili updated, walay non-payment of docket
stenographic notes. fees. ---
--- just a matter of reading--- Dihay kaso nga ang RTC iyahang gi dismiss ang
appeal kay matod pa niya kay it’s a wrong mode of
appeal. Ingon ang SC, that it is not one of the
Section 12. Transmittal. — The clerk of the trial court grounds that the RTC can dismiss the case. There are
shall transmit to the appellate court the original only 2 grounds:
record or the approved record on appeal within 1. When the appeal is taken out of time;
thirty (30) days from the perfection of the appeal,
together with the proof of payment of the appellate 2. When the appellant failed to pay the docket
court docket and other lawful fees, a certified true fees.
copy of the minutes of the proceedings, the order of That ground, which is a “wrong mode of appeal” is
approval, the certificate of correctness, the original the ground of the CA to dismiss the case, not of the
documentary evidence referred to therein, and the RTC as mentioned in Section 1, Rule 50.
original and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of - kung wrong mode of appeal, dili maka
the documentary evidence shall remain in the lower dismiss ang RTC, ang CA ra. Pursuant to
court for the examination of the parties. (11a) Section 1, Rule 50.
Phil. Bank of Communications v. CA, February 15,
2017
Transmittal of the original record on appeal to the
appellate court within 30 days from the perfection
of appeal. Gikan sa Rule 41, mo ambak ta ngadto sa Rule 44.
Kaning Rule 44, dili ni siya mode of appeal but mao
ni ang proceedings. Ato nalang isumpay, irelate
Related to Section 10.
natu. Mao ni siya’y procedure didto sa CA.
Section 13. Dismissal of appeal. — Prior to the Sa old cases, appeal to the CA by ordinary appeal.
transmittal of the original record or the record on Moa nay procedure didto kaning Rule 44. Ato lang
appeal to the appellate court, the trial court may, irelate. Mobo ra kaayo ni.
motu proprio or on motion, dismiss the appeal for
having been taken out of time or for non-payment
of the dock et and other lawful fees within the
RULE 44
Ordinary Appealed Cases
Section 1. Title of cases. — In all cases appealed to

the Court of Appeals under Rule 41, the title of the
Section 4. Docketing of case. — Upon receiving the
case shall remain as it was in the court of origin, but
original record or the record on appeal and the
the party appealing the case shall be further
accompanying documents and exhibits transmitted
referred to as the appellant and the adverse party
by the lower court, as well as the proof of payment
as the appellee. (1a, R46)
of the docket and other lawful fees, the clerk of
The title of the case, including the names of the court of the Court of Appeals shall docket the case
parties will just be the same. and notify the parties thereof. (4a, R46)
Within ten (10) days from receipt of said notice, the
appellant, in appeals by record on appeal, shall file
Kana man gung appeal is just a continuation of the with the clerk of court seven (7) clearly legible
proceedings of the case but in a different court, in copies of the approved record on appeal, together
the higher court. Mao nay timan-an ninyo. with the proof of service of two (2) copies thereof
upon the appellee.
Appeal is a continuation of the proceedings of the Any unauthorized alteration, omission or addition in
case started in the lower court and continued in the the approved record on appeal shall be a ground
higher court. for dismissal of the appeal. (n)
Butangan na didto ug laing number nasad, docket
number/ case number, if there is proof of payment
Considering that it is just a mere continuation of the
of the docket fees
proceedings, the title of the case will be the same.
The parties will be the same.
Pun-an lang sa ordinary appeal, katong mi appeal- Section 5. Completion of record. — Where the
lar, defendant for example, maoy mi appeal-lar, record of the docketed case is incomplete, the clerk
pun-an lang: of court of the Court of Appeals shall so inform said
- Defendant-Appellant court and recommend to it measures necessary to
complete the record. It shall be the duty of said
- Plaintiff- Appellee court to take appropriate action towards the
 kung mu appeal-lar pud sya: completion of the record within the shortest possible
time. (n)
Plaintiff-Appellant
Section 6. Dispensing with complete record. —
Section 2. Counsel and guardians. — The counsel Where the completion of the record could not be
and guardians ad litem of the parties in the court of accomplished within a sufficient period allotted for
origin shall be respectively considered as their said purpose due to insuperable or extremely
counsel and guardians ad litem in the Court of difficult causes, the court, on its own motion or on
Appeals. When others appear or are appointed, motion of any of the parties, may declare that the
notice thereof shall be served immediately on the record and its accompanying transcripts and
adverse party and filed with the court. (2a, R46) exhibits so far available are sufficient to decide the
--- just a matter of reading--- issues raised in the appeal, and shall issue an order
explaining the reasons for such declaration. (n)
Section 3. Order of transmittal of record. — If the
original record or the record on appeal is not
transmitted to the Court of Appeals within thirty (30) The completion of the record would be dispensed
days after the perfection of the appeal, either party with if based on the incomplete records, the CA
may file a motion with the trial court, with notice to could already decide the case. Then, the submission
the other, for the transmittal of such record or record of the lacking transcripts would be dispensed with.
on appeal. (3a, R46)
If the record is not transmitted to the CA, then either
of the parties may file a motion for the transmission Section 7. Appellant's brief. — It shall be the duty of
of the records to the CA. the appellant to file with the court, within forty-five
(45) days from receipt of the notice of the clerk that
all the evidence, oral and documentary, are

attached to the record, seven (7) copies of his
legibly typewritten, mimeographed or printed brief, Section 8. Appellee's brief. — Within forty-five (45)
with proof of service of two (2) copies thereof upon days from receipt of the appellant's brief, the
appellee shall file with the court seven (7) copies of
the appellee. (10a, R46)
his legibly typewritten, mimeographed or printed
The appellant is required to submit appellant’s brief. brief, with proof of service of two (2) copies thereof
upon the appellant. (11a, R46)
Section 9. Appellant's reply brief. — Within twenty
Unsa manang Appellant’s Brief?
(20) days from receipt of the appellee's brief, the
That refers from the word “brief”, short. That refers to appellant may file a reply brief answering points in
the summary of the case including the issues and the appellee's brief not covered in his main brief.
arguments raised by the appellant. In the (12a, R46)
Appellant’s brief, the appellant shall point out the
errors committed by the trial court. The adverse party, the appellee has the discretion
not to submit appellee’s brief. Pwede siya mo
submit, pwede dili.
Importante na syang appellant’s brief kay adto
mana isuwat didto, adto mana e-argue didto asa
ang sayop ug nganung nasayop ang trial court Now the appellee, sa atu pa wala sya mo file ug
according to the appellant. appeal, it his duty to defend the decision of the trial
court. Sya moy mu kumbinsir sa appellate court na
sakto ng trial court uy. Sakto na.
Without the appellant’s brief, the appeal will be
dismissed.
Kung dili sya mo submit ug appellee’s brief, okay
- in-ana ka delikado ang appellant’s brief rapud pero walay maka depensa, walay maka
argue nganung sakto ang trial court.
Gikan sa MTC adto sa RTC, ang i-submit sa appellant

is not apellant’s brief but memorandum. Pero PERO di na automatic na kung di sya mu submit ug
pareha ragud, lahi lang ug ngan. Ang ngan appellee’s brief, sigurado nga or automatic ma
memorandum. reverse ang decision sa trial court. Dili na. It does not
follow because the appellate court has to review
the entire records.
MTC, mu appel-lar ka adto sa RTC, imong isubmit sa
appellant, memorandum.
Section 10. Time of filing memoranda in special
cases. — In certiorari, prohibition, mandamus, quo
Pero gikan sa RTC ngadto sa CA, ang isubmit, warranto and habeas corpus cases, the parties shall
appellants brief. file in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days
from receipt of the notice issued by the clerk that all
Mao rag contents. Pareho ra. Ang pinaka the evidence, oral and documentary, is already
importante diha kanang gitawag ug assignment of attached to the record. (13a, R46)
errors. The appellant will point out the errors
committed by the trial court and the supporting The failure of the appellant to file his memorandum
arguments nganung nasayop man. within the period therefor may be a ground for
dismissal of the appeal. (n)
In cases wherein the CA has original jurisdiction.
According to the SC, failure to file the Appellant’s
Kanang CA gud, mu papareha nag RTC, dunay
Brief, although not jurisdictional, results in the
original jurisdiction, duna say appellate jurisdiction.
abandonment of the appeal which may be the
Dunay mga kaso nga adto pwede ifile didto sa CA
cause for its dismissal.
for the first time, original. For example:
Beatingo v. Gasis, February 9, 2011
- Certiorari

- Prohibition controversy with page references to the

record;
- Mandamus
(d) Under the heading "Statement of Facts,"
- Quo warranto
a clear and concise statement in a narrative
Ang gikiha bitaw ang RTC. Adto na didto ifile. form of the facts admitted by both parties
and of those in controversy, together with
the substance of the proof relating thereto in
Instead of appellant’s brief, that court may require sufficient detail to make it clearly intelligible,
the submission of memoranda. with page references to the record;
(e) A clear and concise statement of the
issues of fact or law to be submitted, to the
Section 11. Several appellants or appellees or
court for its judgment;
several counsel for each party. — Where there are
several appellants or appellees, each counsel (f) Under the heading "Argument," the
representing one or more but not all of them shall be appellant's arguments on each assignment
served with only one copy of the briefs. When of error with page references to the record.
several counsel represent one appellant or The authorities relied upon shall be cited by
appellee, copies of the brief may be served upon the page of the report at which the case
any of them. (14a, R46) begins and the page of the report on which
the citation is found;
(g) Under the heading "Relief," a
specification of the order or judgment which
Section 12. Extension of time for filing briefs. — the appellant seeks; and
Extension of time for the filing of briefs will not be (h) In cases not brought up by record on
allowed, except for good and sufficient cause, and appeal, the appellant's brief shall contain, as
only if the motion for extension is filed before the an appendix, a copy of the judgment or final
expiration of the time sought to be extended. (15, order appealed from. (16a, R46)
R46)
Look at the contents.
Letter b, very important, the assignment of errors,

Section 13. Contents of appellant's brief. — The because the appellate court will not entertain errors
appellant's brief shall contain, in the order herein which are not assigned. Wa nimo na gi point out, the
indicated, the following: appellate court may not entertain it. Kato rang
imong gitudlo nga maoy sayop, maoy reviewhon.
(a) A subject index of the matter in the brief
with a digest of the arguments and page - so mao ng importante, in-ana ka
references, and a table of cases importante ana
alphabetically arranged, textbooks and
statutes cited with references to the pages
where they are cited; Dunay mga instances nga ang CA pwede mu tan-
aw or lili bisan pag wala gi assign na
(b) An assignment of errors intended to be
urged, which errors shall be separately,
distinctly and concisely stated without The CA, as a rule, cannot consider errors which are
repetition and numbered consecutively; not assigned/ unless assigned, dunay exceptions
(c) Under the heading "Statement of the ana.
Case," a clear and concise statement of the
nature of the action, a summary of the
proceedings, the appealed rulings and There are 4 exceptions:
orders of the court, the nature of the 1. Errors which are closely related to the
judgment and any other matters necessary assigned errors.
to an understanding of the nature of the

2. Errors affecting jurisdiction over the subject Considering that the appeal is Ordinary Appeal, OA
matter. mani, the appellant is prohibited from raising pure Q
of law. Because what are allowed are:
3. Error related to the validity of the judgment
appealed from. - mixed Q of law and facts; or
4. Plain errors and Clerical errors (Sec 8, Rule 51) - pure Q of facts
If it is pure Q of law, if the appellant would raise pure
Q of law, that would be dismiss because the appeal
Section 14. Contents of appellee's brief. — The should have been to the SC through Petition for
appellee's brief shall contain, in the order herein Review on Certiorari.
indicated the following:
(a) A subject index of the matter in the brief

with a digest of the arguments and page ------- B R E A K -----------
references, and a table of cases
alphabetically arranged, textbooks and
statutes cited with references to the pages
where they are cited; RULE 50
(b) Under the heading "Statement of Facts," Dismissal of Appeal
the appellee shall state that he accepts the
statement of facts in the appellant's brief, or Section 1. Grounds for dismissal of appeal. — An
under the heading "Counter-Statement of appeal may be dismissed by the Court of Appeals,
Facts," he shall point out such insufficiencies on its own motion or on that of the appellee, on the
or inaccuracies as he believes exist in the following grounds:
appellant's statement of facts with
(a) Failure of the record on appeal to show
references to the pages of the record in
on its face that the appeal was taken within
support thereof, but without repetition of
the period fixed by these Rules;
matters in the appellant's statement of facts;
and (b) Failure to file the notice of appeal or the
record on appeal within the period
(c) Under the heading "Argument," the
prescribed by these Rules;
appellee shall set forth his arguments in the
case on each assignment of error with page
references to the record. The authorities
Grounds for the dismissal of the appeal:
relied on shall be cited by the page of the
report at which the case begins and the Remember that although the trial court has the
page of the report on which the citation is power to deny or dismiss the appeal if it is filed
found. (17a, R46) beyond reglementary period, the failure of the RTC
to dismiss the appeal as it is filed beyond
reglementary period does not constitute a waiver
on the part of the appeal to move for the denial or
dismissal of the appeal, it ides not constitute a
-Optional-
waiver and the AC has the power to dismiss the
appeal even if the RTC gives it due course.
Section 15. Questions that may be raised on appeal.

— Whether or not the appellant has filed a motion
c. Failure of the appellant to pay the docket
for new trial in the court below he may include in his
and other lawful fees as provided in section
assignment of errors any question of law or fact that
5, Rule 40 and section 4 of Rule 41;
has been raised in the court below and which is
within the issues framed by the parties. (18, R46) AC and SC strict with regards to DF but there are
instances that the court allows late payment of DF
following the Manchester of DF that non-payment of
the DF may not cause the dismissal of the same and
court may allow late payment of DF.

(d) Unauthorized alterations, omissions or by petition for review from the appellate judgment
additions in the approved record on appeal of a Regional Trial Court shall be dismissed.
as provided in section 4 of Rule 44; An appeal erroneously taken to the Court of
(e) Failure of the appellant to serve and file Appeals shall not be transferred to the appropriate
the required number of copies of his brief or court but shall be dismissed outright.
memorandum within the time provided by
TN: Kanang rule 41 to the CA should not raise basta
these Rules;
OJ of the RTC should not raise pure qs of law
(f) Absence of specific assignment of errors because that appeal should be appealed to the SC
in the appellant's brief, or of page references not to the CA.
to the record as required in section 13,
What if, ng appeal using r 45 didto sa SC, what if sa
paragraphs (a), (c), (d) and (f) of Rule 44;
SC the appellant di mu raise pure qs of law but mix
it with Pure qs of facts kay if ari sa CA if pure qs of
law lang I dismiss. What if sa SC I mix ug facts di lang
If wa kay gi assign na errors-ground for dismissal kay pure qs of law?
(g) Failure of the appellant to take the Sec 6 rule 56
necessary steps for the correction or
completion of the record within the time Section 6. RULE 56. Disposition of improper appeal.
limited by the court in its order; — Except as provided in section 3, Rule 122
regarding appeals in criminal cases where the
(h) Failure of the appellant to appear at the penalty imposed is death, reclusion perpetua or life
preliminary conference under Rule 48 or to imprisonment, an appeal taken to the Supreme
comply with orders, circulars, or directives of Court by notice of appeal shall be dismissed.
the court without justifiable cause; and
An appeal by certiorari taken to the Supreme Court
(i) The fact that the order or judgment from the Regional Trial Court submitting issues of fact
appealed from is not appealable. (1a) may be referred to the Court of Appeals for decision
or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are
Remember r 41 sec 1 what matters subject of involved shall be final.
appeal and what are those not subject to appeal. If
di appealable bec it is an IO-it is subject to dismissal. So kung rule 45 ang gi use na mode of appeal ditso
sa SC unya dunay qs of facts –ang SC pede dili i-
The grounds for dismissal on appeal under this dismiss but I refer kay if ari nas CA- I dismiss na sa ato
section are discretionary because the rules used the pa the decision will become final and executory.
word “may instead of shall. The AC has discretion to
just grant or give due course to appeal and pede sd Review:
iya I dismiss. Mercury drug corporation v de leon oct An appeal to the CA thru OA, in cases decided by
17 2008 the RTC in exercise of their OJ under r 41 may raise
The failure of the appellee to file a motion for questions of facts and law or pure qs of facts but not
dismissal of appeal in the trial court does not pure qs of law because it should be brought directly
constitute a waiver on his part to interpose such to the SC thru pet for review on certiorari.
objection on appeal. The motion contesting late Appeal to the CA thru pet for review in cases
appeal may be file in the proceedings in the AC and decided by the RTC in the exercise of its AJ may raise
the latter is not precluded form dismissing the mix qs of law and facts or only pure qs of facts or
appeal on the ground that it is filed out of time. pure qs of law kna sa r 42 na.
Manila memorial park cemetery inc vs CA nov 15
2000 Filing of an appeal with the wrong court will not stop
the running of the prescriptive period and the CA will
Section 2. Dismissal of improper appeal to the Court not also remand the case in the proper court. I-
of Appeals. — An appeal under Rule 41 taken from dismiss ra gyud na. Melencion vs Sandiganbayan
the Regional Trial Court to the Court of Appeals June 12 2008
raising only questions of law shall be dismissed, issues
purely of law not being reviewable by said court. One case, the atty. made a mistake instead sa
Similarly, an appeal by notice of appeal instead of Sandigabbayan gi appeal didto gi appeal sa CA
(criminal case) maau gani kay nabantayan daun

within the 15 day period to file an appeal. So pede termination or upon the filing of the
paba correctionan? last pleading or memorandum as
may be required or permitted to be
- Yes basta within 15 day period filing appeal.
filed by the court, or the expiration of
PP vs balabad July 17 2005
the period for its filing. (n)
An error in designating the appellate court is not
fatal to the appeal; however, the correction in Section 2. By whom rendered. — The judgment shall
designating the proper AC should be made within be rendered by the members of the court who
the 15 day period of making an appeal. participated in the deliberation on the merits of the
case before its assignment to a member for the
Section 3. Withdrawal of appeal. — An appeal may writing of the decision. (n)
be withdrawn as of right at any time before the filing
of the appellee's brief. Thereafter, the withdrawal Section 3. Quorum and voting in the court. — The
may be allowed in the discretion of the court. participation of all three Justices of a division shall be
necessary at the deliberation and the unanimous
Before the appellees brief, the appellant may vote of the three Justices shall be required for the
withdraw of the appeal of course upon the pronouncement of a judgment or final resolution. If
withdrawal of the appeal the decision will become the three justices do not reach a unanimous vote,
final and executory. the clerk shall enter the votes of the dissenting
Justices in the record. Thereafter, the Chairman of
the division shall refer the case, together with the
RULE 51 minutes of the deliberation, to the Presiding Justice
who shall designate two Justices chosen by raffle
Judgment
from among all the other members of the court to sit
Section 1. When case deemed submitted for temporarily with them, forming a special division of
judgment. — A case shall be deemed submitted for five Justices. The participation of all the five
judgment: members of the special division shall be necessary
for the deliberation required in section 2 of this Rule
A. In ordinary appeals. — and the concurrence of a majority of such division
shall be required for the pronouncement of a
1) Where no hearing on the merits of
judgment or final resolution. (2a)
the main case is held, upon the filing
of the last pleading, brief, or Section 4. Disposition of a case. — The Court of
memorandum required by the Rules Appeals, in the exercise of its appellate jurisdiction,
or by the court itself, or the expiration may affirm, reverse, or modify the judgment or final
of the period for its filing. order appealed from, and may direct a new trial or
further proceedings to be had. (3a)
2) Where such a hearing is held, upon
its termination or upon the filing of the Section 5. Form of decision. — Every decision or final
last pleading or memorandum as resolution of the court in appealed cases shall
may be required or permitted to be clearly and distinctly state the findings of fact and
filed by the court, or the expiration of the conclusions of law on which it is based, which
the period for its filing. may be contained in the decision or final resolution
itself, or adopted from those set forth in the decision,
B. In original actions and petitions for review. order, or resolution appealed from.
—
Section 6. Harmless error. — No error in either the
1) Where no comment is filed, upon admission or the exclusion of evidence and no error
the expiration of the period to or defect in any ruling or order or in anything done
comment. or omitted by the trial court or by any of the parties
is ground for granting a new trial or for setting aside,
2) Where no hearing is held, upon the
modifying, or otherwise disturbing a judgment or
filing of the last pleading required or
order, unless refusal to take such action appears to
permitted to be filed by the court, or
the court inconsistent with substantial justice. The
the expiration of the period for its
court at every stage of the proceeding must
filing.
disregard any error or defect which does not affect
3) Where a hearing on the merits of the substantial rights of the parties.
the main case is held, upon its
Asked in the bar: resolution and shall be signed by the clerk, with a
certificate that such judgment or final resolution has
What is harmless error rule?
become final and executory. (2a, R36)
- The AC will just disregard the error committed
Section 11. Execution of judgment. — Except where
by the trial court such as error in the
the judgment or final order or resolution, or a portion
admission or inclusion of evidence if such
thereof, is ordered to be immediately executory, the
error does not affect the substantial rights of
motion for its execution may only be filed in the
the parties.
proper court after its entry.
Section 7. Judgment where there are several In original actions in the Court of Appeals, its writ of
parties. — In all actions or proceedings, an execution shall be accompanied by a certified true
appealed judgment may be affirmed as to some of copy of the entry of judgment or final resolution and
the appellants, and reversed as to others, and the addressed to any appropriate officer for its
case shall thereafter be proceeded with, so far as enforcement.
necessary, as if separate actions had been begun
and prosecuted, and execution of the judgment of In appealed cases, where the motion for execution
affirmance may be had accordingly, and costs may pending appeal is filed in the Court of Appeals at a
be adjudged in such cases, as the court shall deem time that it is in possession of the original record or
proper. (6) the record on appeal, the resolution granting such
motion shall be transmitted to the lower court from
Section 8. Questions that may be decided. — No which the case originated, together with a certified
error which does not affect the jurisdiction over the true copy of the judgment or final order to be
subject matter or the validity of the judgment executed, with a directive for such court of origin to
appealed from or the proceedings therein will be issue the proper writ for its enforcement. (n)
considered unless stated in the assignment of errors,
or closely related to or dependent on an assigned
error and properly argued in the brief, save as the
RULE 52
court may pass upon plain errors and clerical errors.
Motion for Reconsideration
As a rule, the AC will only consider those error
assigned by the appellant but there are matters that Section 1. Period for filing. — A party may file a
even if it is not assigned it is still considered by the AC motion for reconsideration of a judgment or final
such as error which are closely related to the resolution within fifteen (15) days from notice
assigned errors, errors affecting Jurisdiction of the SC thereof, with proof of service on the adverse party.
validity of Judgment appealed from or plain errors (n)
or clerical errors.
Section 2. Second motion for reconsideration. — No
Section 9. Promulgation and notice of judgment. — second motion for reconsideration of a judgment or
After the judgment or final resolution and dissenting final resolution by the same party shall be
or separate opinions, if any, are signed by the entertained. (n)
Justices taking part, they shall be delivered for filing
- Within 15 days
to the clerk who shall indicate thereon the date of
promulgation and cause true copies thereof to be - no 2nd MR is allowed
served upon the parties or their counsel.
Kanang 2nd MR sa SC ra gyud na mahitabo wala sa
After the decision is rendered, if there is no further Lower Court (LC), although allowed sa SC but there
appeal or no MR of course the judgment will must be prior leave to file a 2nd, 3rd, or 4th MR.
become final and executory. Remember case of League of Cities of the Phils v
Section 10. Entry of judgments and final resolutions. Comelec – up to 4th MR but needs prior leave of
— If no appeal or motion for new trial or court.
reconsideration is filed within the time provided in Section 3. Resolution of motion. — In the Court of
these Rules, the judgment or final resolution shall Appeals, a motion for reconsideration shall be
forthwith be entered by the clerk in the book of resolved within ninety (90) days from the date when
entries of judgments. The date when the judgment the court declares it submitted for resolution. (n)
or final resolution becomes executory shall be
deemed as the date of its entry. The record shall Section 4. Stay of execution. — The pendency of a
contain the dispositive part of the judgment or final motion for reconsideration filed on time and by the

proper party shall stay the execution of the Section 1. How appeal taken; time for filing. — A
judgment or final resolution sought to be party desiring to appeal from a decision of the
reconsidered unless the court, for good reasons, Regional Trial Court rendered in the exercise of its
shall otherwise direct. (n) appellate jurisdiction may file a verified petition for
review with the Court of Appeals, paying at the
- GR: Whenever there is an appeal taken by a
same time to the clerk of said court the
party, a decision appealed from the
corresponding docket and other lawful fees,
execution shall stay to wait for the
depositing the amount of P500.00 for costs, and
termination of the proceedings.
furnishing the Regional Trial Court and the adverse
party with a copy of the petition. The petition shall
be filed and served within fifteen (15) days from
RULE 53
notice of the decision sought to be reviewed or of
New Trial the denial of petitioner's motion for new trial or
reconsideration filed in due time after judgment.
Section 1. Period for filing; ground. — At any time
Upon proper motion and the payment of the full
after the appeal from the lower court has been
amount of the docket and other lawful fees and the
perfected and before the Court of Appeals loses
deposit for costs before the expiration of the
jurisdiction over the case, a party may file a motion
reglementary period, the Court of Appeals may
for a new trial on the ground of newly discovered
grant an additional period of fifteen (15) days only
evidence which could not have been discovered
within which to file the petition for review. No further
prior to the trial in the court below by the exercise of
extension shall be granted except for the most
due diligence and which is of such a character as
compelling reason and in no case to exceed fifteen
would probably change the result. The motion shall
(15) days.
be accompanied by affidavits showing the facts
constituting the grounds therefor and the newly - This is another mode of appeal pet for rev
discovered evidence. from the decision or FO in the RTC rendered
in the exercise of its AJ whether the appeal
- Here, newly discovered nalang kay ddto sa
would raise mix qs of facts and law or pure
trial court (MTC/RTC) naay FAME. Dri newly
qs of facts or pure qs of law.
discovered evidence nalang.
Ang naay ditso na mode kay katong ditso sa SC in
Section 2. Hearing and order. — The Court of the exercise of Original Jurisdiction of the RTC. Period
Appeals shall consider the new evidence together of appeal?
with that adduced at the trial below, and may grant
or refuse a new trial, or may make such order, with - 15 days
notice to both parties, as to the taking of further - wa ni ROA ang naay ROA kay kato rang in
testimony, either orally in court, or by depositions, or the exercise of OJ
render such other judgment as ought to be
rendered upon such terms as it may deem just. (2a) - Pede naay extension dri but not to file
appeal but to file a petition for review.
Section 3. Resolution of motion. — In the Court of
Appeals, a motion for new trial shall be resolved When?
within ninety (90) days from the date when the court - upon proper motion
declares it submitted for resolution. (n)
When to file motion for extension to file pet for
Section 4. Procedure in new trial. — Unless the court review?
otherwise directs, the procedure in the new trial shall
be the same as that granted by a Regional Trial - need mu file na di pa mu expire ang period.
Court. (3a) - the motion to extend to file any motion-
need to file before the period expires
because if mu expire na-denied.
- the motion to file a petition for review should
RULE 42 be filed before the expiration of the period
Petition for Review From the Regional Trial Courts to to file appeal and DF must have been paid.
the Court of Appeals Requirements:

1. There must be a motion to be filed before the certified correct by the clerk of court of the Regional
expiration Trial Court, the requisite number of plain copies
thereof and of the pleadings and other material
2. Appropriate DF must have been paid.
portions of the record as would support the
allegations of the petition.
How many days – additional period? The petitioner shall also submit together with the
petition a certification under oath that he has not
- 15 days
theretofore commenced any other action involving
No further extension shall be granted except for the the same issues in the Supreme Court, the Court of
most compelling reason and in no case to exceed Appeals or different divisions thereof, or any other
fifteen (15) days. tribunal or agency; if there is such other action or
proceeding, he must state the status of the same;
- sa ato pa pede ma 30 – 15/15 and if he should thereafter learn that a similar action
- But the 2nd extension is for the most or proceeding has been filed or is pending before
compelling reason the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or
There are 2 modes of appealing RTC decision: Qs of agency, he undertakes to promptly inform the
facts and law aforesaid courts and other tribunal or agency
1. ordinary appeal under rule 41 but it is thereof within five (5) days therefrom. (n)
necessary that in order to avail this mode,
What is material date?
the decision must have been rendered by
the RTC in the exercise of its OJ, it is done by - Date when the decision was received by the
filing a NOA in the RTC AP or date when the order denying MR or
MNT was received.
2. Second mode, which may involve a qs of
facts – is a petition for review under rule 42 in - Petition for review must contain a
cases where the RTC is exercising its AJ over certification against forum shopping.
MTC decision. It is done by filing a pet for rev
Pet for review vs pet for review on certiorari
with the CA.
Pet for review – CA
The determination as to whether the decision is
rendered by the RTC in the exercise of its AJ or OJ Pet for review in certiorari- SC
because the mode of appeal would differ. maslag Pet for certiorari – is a special civil action which can
v monsoon june 17 2013
be filed in the RTC, CA , SC
What questions that can be raised under r 42?
Section 3. Effect of failure to comply with
- mix qs of F and L requirements. — The failure of the petitioner to
comply with any of the foregoing requirements
- pure qs of facts
regarding the payment of the docket and other
- pure qs of law lawful fees, the deposit for costs, proof of service of
the petition, and the contents of and the
Section 2. Form and contents. — The petition shall be
documents which should accompany the petition
filed in seven (7) legible copies, with the original
shall be sufficient ground for the dismissal thereof.
copy intended for the court being indicated as such
by the petitioner, and shall (a) state the full names Grounds for the dismissal of the petition:
of the parties to the case, without impleading the
1. Failure to pay the DF.
lower courts or judges thereof either as petitioners or
respondents; (b) indicate the specific material dates 2. No proof of service of the petition,
showing that it was filed on time; (c) set forth
3. The contents of and the documents which
concisely a statement of the matters involved, the
should accompany the petition are lacking
issues raised, the specification of errors of fact or law,
or both, allegedly committed by the Regional Trial Section 4. Action on the petition. — The Court of
Court, and the reasons or arguments relied upon for Appeals may require the respondent to file:
the allowance of the appeal; (d) be accompanied
by clearly legible duplicate originals or true copies 1. a comment on the petition, not a motion to
of the judgments or final orders of both lower courts, dismiss, within ten (10) days from notice,

2. or dismiss the petition if it finds the same to be TN: it must be coupled with the payment of DF.
patently without merit, prosecuted
The Regional Trial Court loses jurisdiction over the
manifestly for delay, or that the questions
case upon the perfection of the appeals filed in due
raised therein are too insubstantial to require
time and the expiration of the time to appeal of the
consideration.
other parties.
Action of the CA
The CA has the discretion to immediately dismiss
What is the residual powers of the RTC?
under sec 4.
However, before the Court of Appeals gives due
Section 5. Contents of comment. — The comment of course to the petition, the Regional Trial Court may
the respondent shall be filed in seven (7) legible issue orders for the protection and preservation of
copies, accompanied by certified true copies of the rights of the parties which do not involve any
such material portions of the record referred to matter litigated by the appeal, approve
therein together with other supporting papers and compromises, permit appeals of indigent litigants,
shall (a) state whether or not he accepts the order execution pending appeal in accordance
statement of matters involved in the petition; (b) with section 2 of Rule 39, and allow withdrawal of the
point out such insufficiencies or inaccuracies as he appeal.
believes exist in petitioner's statement of matters
involved but without repetition; and (c) state the TN: before the CA gives due course to the petition,
reasons why the petition should not be given due dli na sa katong pg forward sa record unlike sec 9
course. A copy thereof shall be served on the rule 41 katong sa ordinary appeal.
petitioner. (a)
(a) Except in civil cases decided under the
Section 6. Due course. — If upon the filing of the Rule on Summary Procedure, the appeal
comment or such other pleadings as the court may shall stay the judgment or final order
allow or require, or after the expiration of the period unless the Court of Appeals, the law, or
for the filing thereof without such comment or these Rules shall provide otherwise.
pleading having been submitted, the Court of
The appeal shall stay the judgement, moo jud ni
Appeals finds prima facie that the lower court has
general rule whenever there is an appeal, the
committed an error of fact or law that will warrant a
enforcement of a judgment appealed from will be
reversal or modification of the appealed decision, it
stayed.
may accordingly give due course to the petition. (n)
Exceptions:
Section 7. Elevation of record. — Whenever the
Court of Appeals deems it necessary, it may order Cases under rule on summary procedure and small
the clerk of court of the Regional Trial Court to claims cases.
elevate the original record of the case including the
oral and documentary evidence within fifteen (15) Section 9. Submission for decision. — If the petition is
days from notice. (n) given due course, the Court of Appeals may set the
case for oral argument or require the parties to
Section 8. Perfection of appeal; effect thereof. — submit memoranda within a period of fifteen (15)
(a) Upon the timely filing of a petition for review and days from notice. The case shall be deemed
the payment of the corresponding docket and submitted for decision upon the filing of the last
other lawful fees, the appeal is deemed perfected pleading or memorandum required by these Rules
as to the petitioner. or by the court itself. (n)
When is the appeal perfected? After the submission of memoranda if required
1. Upon the timely filing of a petition for review

and RULE 43
2. The payment of the corresponding docket Appeals From the Court of Tax Appeals and Quasi-
and other lawful fees Judicial Agencies to the Court of Appeals
BAR Q: enumerate the modes of appeal from the Section 1. Scope. — This Rule shall apply to appeals
decision of the RTC and explain how is it perfected/ from judgments or final orders of the Court of Tax
taken. Appeals (SC na karun) and from awards, judgments,

final orders or resolutions of or authorized by any  Office of the OMB- powerful body
quasi-judicial agency in the exercise of its quasi-
 It has admin disciplinary powers over
judicial functions.
government employees exempt for court
Among these agencies are the: employees since it is in the SC.
1. Civil Service Commission,  It has also the power to conduct PI regarding

criminal cases committed by public officers.
2. Central Board of Assessment Appeals, Prehas ug powers sa prosecutors office ang
3. Securities and Exchange Commission, different lang is exclusive ni cya sa public
officers including civilians in conspiracy with
4. Office of the President, PO.
5. Land Registration Authority, Administrative powers:
6. Social Security Commission, As regards the decision of the office of the OMB in
7. Civil Aeronautics Board, administrative cases- appeal may be taken before
the CA thru pet for review under rule 43 if the penalty
8. Bureau of Patents, imposed is suspension over 1 month or fine
9. Trademarks and Technology Transfer, equivalent to 1 month salary or dismissal from
service. The AP may file an appeal under rule 43.
10. National Electrification Administration, Joson vs OMB april 6, 2016
11. Energy Regulatory Board, If the penalty imposed is 1 month suspension or less
12. National Telecommunications Commission, or fine equivalent to 1 month or less or when the
respondent is absolved (case dismiss) the decision is
13. Department of Agrarian Reform under final and not appeal so the remedy of the AP is pet
Republic Act No. 6657, for certiorari in the CA under rule 65. Ancheta vs Villa
14. Government Service Insurance System, Jan 15 2020
15. Employees Compensation Commission, As we have learned: if the decision is appealed, the
execution will be stayed but decision in admin
16. Agricultural Invention Board, bodies is different because the decision of admin
17. Insurance Commission, bodies including the decision of the OMB is
immediately executory even if the AP will file an
18. Philippine Atomic Energy Commission, appeal.
19. Board of Investments, Ex: ng work ka sa govt nya ang decision sa OMB kay
20. Construction Industry Arbitration dismissal-hawa ka ditso but it is without prejudice to
Commission, and the result of the appeal. If madaug ka millionaire ka
kay bayran kas tanan na receivables nimo but if
21. voluntary arbitrators authorized by law. pildi-TY.
The decision/FO of the quasi-judicial bodies The decision of the OMB in admin cases is
– appealable to the CA and the mode of immediately executory even if the penalty imposed
appeal is petition for review under rule 43. is dismissal from service despite the pendency of the
CTA – not included anymore bec the motion for reconsideration or appeal. Gamallo vs
decision of the CTA is now appealable to the escandor june 21 2017
SC under rule 45. (RA 9282) In the same manner that in the event that the CA
Do not be confused: 3 constitutional bodies: COA, reversed the decision of the OMB and exonerated
CSC, COMELEC or acquitted the respondent, the decision will also
be immediately executory without prejudice to the
COA, COMELEC – rule 64 pet for certiorari further appeal by the aggrieved party. PNP-CIDG vs
Decision of the office of the president – Villafuerte sept 18 2018
appeal to the CA
Criminal Cases:
OFFICE OF THE OMBUDSMAN (OMB) With regards to the adverse resolution of the office
of the OMB in criminal cases.
Background: 2. Pet for certiorari from DOJ sec to the CA

when the crime charge not RP, LI or death.
 Sa crim cases ang power sa office of the
Bautista v CA july 6 2000 / Santos v Go oct 19
OMB is only to conduct PI, dili cya ka decide
2005
bec it is the court ang mu decide. Iyang
powers same sa prosecutors office. Walay 3. Prescribe penalty is D, LI, RP – resolution of the
power to declare guilty ba or not guilty, the DOJ sec appealable to the office of the
power is only to make resolution where to file president – Angheles vs Gaite G.R. NO.
the case either SB, RTC or MTC. 165276 : November 25, 2009
What is the remedy of the SG from the resolution of 4. Resolution from the office of the president
the OMB in criminal cases? may be appealed to the CA thru pet for
review under r 43 Angheles vs Gaite
- the AP may file a petition for certiorari under
r 65 with the SC gatchalian v OMB aug 1 2018
/ Villanueva vs Ople
PRC –Professional Regulation Commission
- decision appealable to the CA Liam vs
PROSECUTOR’S OFFICE Ramolite December 18 2008
City or provincial prosecutor will conduct PI for cases NLRC
involving ordinary persons
- I pa review sa CA thru pet for certiorari rule
What is the remedy sa resolution sa city or 65 St martin funeral homes vs NLRC sept 16
prosecutor regarding the resolution either for filing or 1988 / PNB vs gregorio sept 18 2017.
dismissal of the case?
COA/ COMELEC
- appeal to the DOJ
- Decisions may be brought to the SC thru pet
- petition for review but it is NOT r42 nor r 43. for cert under rule 64
Moo lang na ang term used appeal to the
DOJ secretary Section 2. Cases not covered. — This Rule shall not
apply to judgments or final orders issued under the
What is the remedy sa AP if the DOJ sec reverse o Labor Code of the Philippines.
affirm the decision of the DOJ sec?
- Labor code-NLRC
- pet for cert under r 65 in the CA
Section 3. Where to appeal. — An appeal under this
2 modes of review from the decision of the DOJ Rule may be taken to the Court of Appeals within
secretary. the period and in the manner herein provided,
1. If the prescribed penalty is less than reclusion whether the appeal involves questions of fact, of
Perpetua, LI or death is petition for certiorari law, or mixed questions of fact and law.
in the CA.
- File an appeal to the CA within 15 days
2. If the prescribed penalty is reclusion
- Questions of fact, of law, or mixed questions
Perpetua, LI or death, the appeal should be
of fact and law.
taken to the office of the president.
Whatever resolution of the office of the president Section 4. Period of appeal. — The appeal shall be
– the remedy of the AP is pet for rev under rule taken within fifteen (15) days from notice of the
43 to the CA. award, judgment, final order or resolution, or from
the date of its last publication, if publication is
Ang issue dri is the Preliminary Investigation not required by law for its effectivity, or of the denial of
guilty or not guilty. Ang issue diri if angay I file ang petitioner's motion for new trial or reconsideration
case sa court. It is only the court that has the duly filed in accordance with the governing law of
power to pronounce if the accused guilty or not the court or agency a quo. Only one (1) motion for
guilty of the crime allege if ma file ang case sa reconsideration shall be allowed. Upon proper
court. motion and the payment of the full amount of the
Legal basis: docket fee before the expiration of the
reglementary period, the Court of Appeals may
1. Appeal from the city or provincial prosecutor grant an additional period of fifteen (15) days only
to the DOJ – DOJ circ no. 70 within which to file the petition for review. No further
extension shall be granted except for the most state the specific material dates showing that it was
compelling reason and in no case to exceed fifteen filed within the period fixed herein.
(15) days.
When to pay DF?
When is the period to file?
- Within the period of filing appeal
- 15 days
Section 7. Effect of failure to comply with
Dunay extension but not the appeal but the filing of requirements. — The failure of the petitioner to
petition for review but there must be a motion comply with any of the foregoing requirements
before the expiration of the reglementary period regarding the payment of the docket and other
and payment of docket fees. lawful fees, the deposit for costs, proof of service of
- fresh period rule mu apply dri pod r 40 to 45 the petition, and the contents of and the
Section 5. How appeal taken. — Appeal shall be shall be sufficient ground for the dismissal thereof.
taken by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, with Grounds:
proof of service of a copy thereof on the adverse 1. The payment of the docket and other lawful
party and on the court or agency a quo. The original fees, the deposit for costs, proof of service of
copy of the petition intended for the Court of the petition, and
Appeals shall be indicated as such by the petitioner.
2. The contents of and the documents which
Upon the filing of the petition, the petitioner shall pay should accompany the petition is not
to the clerk of court of the Court of Appeals the sufficient
docketing and other lawful fees and deposit the
sum of P500.00 for costs. Exemption from payment of Section 8. Action on the petition. — The Court of
docketing and other lawful fees and the deposit for Appeals may require the respondent to file a
costs may be granted by the Court of Appeals upon comment on the petition not a motion to dismiss,
a verified motion setting forth valid grounds therefor. within ten (10) days from notice, or dismiss the
If the Court of Appeals denies the motion, the petition if it finds the same to be patently without
petitioner shall pay the docketing and other lawful merit, prosecuted manifestly for delay, or that the
fees and deposit for costs within fifteen (15) days questions raised therein are too unsubstantial to
from notice of the denial. (n) require consideration.
How appeal is taken? - The petition in the CA is not a matter of right.

The CA may dismiss it right away.
- -by filing a verified petition for review in seven
(7) legible copies with the Court of Appeals, Section 9. Contents of comment. — The comment
with proof of service of a copy thereof on the shall be filed within ten (10) days from notice in seven
adverse party and on the court or agency a (7) legible copies and accompanied by clearly
quo. legible certified true copies of such material portions
of the record referred to therein together with other
supporting papers. The comment shall (a) point out
Section 6. Contents of the petition. — The petition for insufficiencies or inaccuracies in petitioner's
review shall (a) state the full names of the parties to statement of facts and issues; and (b) state the
the case, without impleading the court or agencies reasons why the petition should be denied or
either as petitioners or respondents; (b) contain a dismissed. A copy thereof shall be served on the
concise statement of the facts and issues involved petitioner, and proof of such service shall be filed
and the grounds relied upon for the review; (c) be with the Court of Appeals.
accompanied by a clearly legible duplicate original - File a comment when the CA orders it.
or a certified true copy of the award, judgment, final
order or resolution appealed from, together with Section 10. Due course. — If upon the filing of the
certified true copies of such material portions of the comment or such other pleadings or documents as
record referred to therein and other supporting may be required or allowed by the Court of Appeals
papers; and (d) contain a sworn certification or upon the expiration of the period for the filing
against forum shopping as provided in the last thereof, and on the records the Court of Appeals
paragraph of section 2, Rule 42. The petition shall finds prima facie that the court or agency
concerned has committed errors of fact or law that

would warrant reversal or modification of the award, Asa man mag originate ang decisions na ma
judgment, final order or resolution sought to be subject ug petition for certiorari?
reviewed, it may give due course to the petition;
1. CA
otherwise, it shall dismiss the same. The findings of
fact of the court or agency concerned, when 2. SB
supported by substantial evidence, shall be binding
3. RTC – exercising its OJ, raised pure qs of law
on the Court of Appeals. (n)
4. other courts whenever authorized by law
Section 11. Transmittal of record. — Within fifteen
(15) days from notice that the petition has been Criminal cases lahi ang mode of appeal padung sa
given due course, the Court of Appeals may require SC if the penalty is RP, LI or death –mode of appeal
the court or agency concerned to transmit the would only be mere notice of appeal (NOA)
original or a legible certified true copy of the entire
ex: RTC (murder- RP) I appeal sa CA then if affirmed
record of the proceeding under review. The record
by CA, the mode of appeal of the accused is OA by
to be transmitted may be abridged by agreement
NOA to the SC. NOA should be filed in the CA.
of all parties to the proceeding. The Court of
Appeals may require or permit subsequent There are instances that SC entertains factual
correction of or addition to the record. (8a) questions: Pascual vs Burgos Jan 11, 2016 (10
exceptions)
Section 12. Effect of appeal. — The appeal shall not
stay the award, judgment, final order or resolution There are 10 recognized exceptions that were first
sought to be reviewed unless the Court of Appeals listed in Medina v. Mayor Asistio, Jr:
shall direct otherwise upon such terms as it may
(1) When the conclusion is a finding grounded
deem just. entirely on speculation, surmises or conjectures;
- Appeal shall not stay the judgement. It is to (2) When the inference made is manifestly mistaken,
be executed even if pending appeal absurd or impossible;
without prejudice to the result of the appeal.
(3) Where there is a grave abuse of discretion;
Section 13. Submission for decision. — If the petition
is given due course, the Court of Appeals may set (4) When the judgment is based on a
the case for oral argument or require the parties to misapprehension of facts;
submit memoranda within a period of fifteen (15) (5) When the findings of fact are conflicting;
days from notice. The case shall be deemed
submitted for decision upon the filing of the last (6) When the Court of Appeals, in making its findings,
pleading or memorandum required by these Rules went beyond the issues of the case and the same is
or by the court of Appeals. (n) contrary to the admissions of both appellant and
appellee;
(7) The findings of the Court of Appeals are contrary
to those of the trial court;
RULE 45 (8) When the findings of fact are conclusions without
citation of specific evidence on which they are
Appeal by Certiorari to the Supreme Court
based;
- Petition for review on certiorari/ appeal by
(9) When the facts set forth in the petition as well as
certiorari
in the petitioner's main and reply briefs are not
Section 1. Filing of petition with Supreme Court. — A disputed by the respondents; and
party desiring to appeal by certiorari from a
(10) The finding of fact of the Court of Appeals is
judgment or final order or resolution of the Court of
premised on the supposed absence of evidence
Appeals, the Sandiganbayan, the Regional Trial
and is contradicted by the evidence on record.
Court or other courts whenever authorized by law,
may file with the Supreme Court a verified petition
for review on certiorari. The petition shall raise only What are the distinctions between by appeal by
questions of law which must be distinctly set forth. certiorari and petition for certiorari?
Appeal shall only raise pure questions of law As to the parties:

P f C as an original action: the parties are the AP - shall not interrupt the proceedings in the LC
against the LC (should be impleaded) or quasi- unless enjoin by the HC
judicial agency who issued the assailed order or void
A by Cert- mode of appeal and mere continuation
judgment and the prevailing parties.
of the proceedings of the original suit. Tagle vs
A by Cert under rule 45: petitioner and the Equitable PCI bank
respondent are also the original parties to the action
in the LC.
Petition for review vs pet for review on certiorari
- Pet from review on certiorari or appeal by certiorari
is just continuation of the proceedings, the parties P f R: mode of appeal form the RTC to the CA. RTC
are the same. Although ddto sa SC petition or review exercising its AJ
man ang I name ddto kay petitioner-respondent.
- to be filed in the CA
Yasuda vs CA april 12 2000
- mix of qs of F and L may be raised or even
pure qs of law
As to where should the petition be filed:
P for R on C: is a mode of appeal from the CA, SB,
P for C- may be filed in the RTC, CA, SB or SC CTA or RTC (OJ) to the SC
A by C: SC under rule 45 - to be filed in the SC
- only pure qs of law
As o the purpose:
P for Cert: correct errors of jurisdiction or GAD Section 2. Time for filing; extension. — The petition
amounting to lack or excess of Jurisdiction. shall be filed within fifteen (15) days from notice of
- limited form of review kay sa Jurisdiction ra the judgment or final order or resolution appealed
from, or of the denial of the petitioner's motion for
A by C: correct errors of judgment committed by the new trial or reconsideration filed in due time after
RTC in the exercise of its OJ. Tagle vs Equitable PCI notice of the judgment. On motion duly filed and
bank april 2 2008 served, with full payment of the docket and other
lawful fees and the deposit for costs before the
expiration of the reglementary period, the Supreme
Period of filing: Court may for justifiable reasons grant an extension
P for cert: not later than 60 days from the notice of of thirty (30) days only within which to file the
judgment, order or resolution. If MR is timely filed, the petition. (1a, 5a)
period 60 day period should be counted form the Section 3. Docket and other lawful fees; proof of
denial of the motion. service of petition. — Unless he has theretofore done
A by C: the petition should be filed within 15 days so, the petitioner shall pay the corresponding
from the notice of judgment or FO or from the denial docket and other lawful fees to the clerk of court of
of the petitioner’s MR or MNT. the Supreme Court and deposit the amount of
P500.00 for costs at the time of the filing of the
petition. Proof of service of a copy, thereof on the
As to the MR: lower court concerned and on the adverse party
shall be submitted together with the petition. (1a)
P for cert: MR is a pre-requisite- before the filing of a
petition for certiorari Section 4. Contents of petition. — The petition shall
be filed in eighteen (18) copies, with the original
A by C: MR is not pre-requisite Tagle vs Equitable PCI copy intended for the court being indicated as such
bank april 2 2008 by the petitioner and shall (a) state the full name of
the appealing party as the petitioner and the
adverse party as respondent, without impleading
As to the nature: the lower courts or judges thereof either as
Pet for cert: original action- independent form the petitioners or respondents; (b) indicate the material
principal action. It is not part or continuation of the dates showing when notice of the judgment or final
main case Yu vs Yu april 3 2019 order or resolution subject thereof was received,
when a motion for new trial or reconsideration, if
any, was filed and when notice of the denial thereof under such conditions as it may consider
was received; (c) set forth concisely a statement of appropriate, and impose the corresponding
the matters involved, and the reasons or arguments sanctions in case of non-filing or unauthorized filing
relied on for the allowance of the petition; (d) be of such pleadings and documents or non-
accompanied by a clearly legible duplicate compliance with the conditions therefor. (n)
original, or a certified true copy of the judgment or
Section 8. Due course; elevation of records. — If the
final order or resolution certified by the clerk of court
petition is given due course, the Supreme Court may
of the court a quo and the requisite number of plain
require the elevation of the complete record of the
copies thereof, and such material portions of the
case or specified parts thereof within fifteen (15)
record as would support the petition; and (e)
days from notice. (2a)
contain a sworn certification against forum
shopping as provided in the last paragraph of
section 2, Rule 42. (2a)
Section 9. Rule applicable to both civil and criminal
Section 5. Dismissal or denial of petition. — The failure cases. — The mode of appeal prescribed in this Rule
of the petitioner to comply with any of the foregoing shall be applicable to both civil and criminal cases,
requirements regarding the payment of the docket except in criminal cases where the penalty imposed
and other lawful fees, deposit for costs, proof of is death, reclusion perpetua or life imprisonment. (n)
service of the petition, and the contents of and the
shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny
the petition on the ground that the appeal is without
merit, or is prosecuted manifestly for delay, or that
the questions raised therein are too unsubstantial to
require consideration. (3a)
Section 6. Review discretionary. — A review is not a
matter of right, but of sound judicial discretion, and
will be granted only when there are special and
important reasons thereof. The following, while
neither controlling nor fully measuring the court's
discretion, indicate the character of the reasons
which will be considered:
(a) When the court a quo has decided a

question of substance, not theretofore
determined by the Supreme Court, or has
decided it in a way probably not in accord
with law or with the applicable decisions of
the Supreme Court; or
(b) When the court a quo has so far
departed from the accepted and usual
course of judicial proceedings, or so far
sanctioned such departure by a lower court,
as to call for an exercise of the power of
supervision. (4a)
Section 7. Pleadings and documents that may be

required; sanctions. — For purposes of determining
whether the petition should be dismissed or denied
pursuant to section 5 of this Rule, or where the
petition is given due course under section 8 hereof,
the Supreme Court may require or allow the filing of
such pleadings, briefs, memoranda or documents
as it may deem necessary within such periods and
November 19, 2021 Pet for review on certiorari which is a mode of

appeal is a mere continuation of the proceedings of
Choy
the same case in the LC. A continuation of the
RULE 45 appellate process over the org case. Atianzar vs
bangoy march 2 2020
Appeal by Certiorari to the Supreme Court
Except in crim cases where the penalty imposed is
Section 1. Filing of petition with Supreme Court. — A RP or LI, judgment in the RTC may be brought
party desiring to appeal by certiorari from a
directly to the SC only thru pet for review on
judgment or final order or resolution of the Court of certiorari in accordance in rule 45 provided the
Appeals, the Sandiganbayan, the Regional Trial
appellant would only raise pure Qs of law. Libin vs
Court or other courts whenever authorized by law, mirasol sept 7 2011
may file with the Supreme Court a verified petition
for review on certiorari. The petition shall raise only As a rule only pure qs of law may be raised in a pet
questions of law which must be distinctly set forth. for rev on certiorari bec the SC is not a trier of facts.
Ang pag screen or view sa factual issues kutob ra sa
TN: Petition for review on certiorari otherwise known CA kay ng abot sa SC only pure qs of law can be
as appeal by certiorari reviewed in the CA. it cannot review factual issues.
 Pet for rev- CA The findings of the CA shall be binding or considered
 Pet for cert- rule 65 final as regards the SC, di tan-awon considered
established na. so ang iyang tn awon ang legal
Where to file and what would be the subject in issues na lang.
petition for review on certiorari?
Legal issues vs factual issues
Subject could be:
LI: if ang gilalisan sa parties mahitungod sa balaod
- decision of CA na i-apply sa kaso.
- decision of CTA
- decision of SB FI: if the dispute has something to do whether the
- decision of RTC rendered in the exercise of its testimony of the witness is believable or not. Whether
OJ and the appellant raises only pure Qs of the evidence is admissible or not. Whether the
law document is falsified or not. Etc
GR: The petition shall raise only Qs of law and the - If the resolution of an issue would involve
same must be clearly allege in the petition. reexamination of evidence presented by the
parties then that is a factual issue.
- Adto na sa SC only pure Qs of law can be - Evidence refers to facts so if the issues raised
raised and may be brought by petition for by the parties would require the examination
review on certiorari under rule 45 of the evidence presented by the parties
Exception: in crim cases where CA and SB impose then that is factual issues. The SC will not
the penalty of RP or LI touch that issues, i-ignore na. but there are
exceptions:
- When CA and SB imposes RP or LI the
decision may be brought to the SC on Pascual vs burgos jan 11 2016
appeal by mere notice of appeal (NOA) There are 10 recognized exceptions that were first
and NOT pet for cert. listed in Medina v. Mayor Asistio, Jr.:
Remember basta NOA, the appellant can raise (1) When the conclusion is a finding grounded
both qs of law and facts. entirely on speculation, surmises or conjectures;
- Ex: murder gi sentence sa RTC of RP kay (2) When the inference made is manifestly mistaken,
convicted, I appeal ddto sa CA. if sa CA I absurd or impossible;
affirm ang decision sa RTC, ang accused
pede mu saka sa SC by filing a mere NOA sa (3) Where there is a grave abuse of discretion;
CA. (4) When the judgment is based on a
- Ang I appeal kay ang decision sa CA misapprehension of facts; (5) When the findings of
affirming the decision of the RTC and not the fact are conflicting;
RTC decision.
(6) When the Court of Appeals, in making its findings,
went beyond the issues of the case and the same is

contrary to the admissions of both appellant and certiorari, the LC committed mere errors of
appellee; judgment in the course in the exercise of its
jurisdiction. Tagle vs equitable PCI bank april 22 2008
(7) The findings of the Court of Appeals are contrary
to those of the trial court; As to the period of filing:
(8) When the findings of fact are conclusions without Rule 65: Petition for Certiorari should be filed not
citation of specific evidence on which they are later than 60 days from the notice of judgment,
based; order, or resolution. If a motion for new trial or motion
for reconsideration was timely filed, the period shall
(9) When the facts set forth in the petition as well as
be counted from the denial of the motion.
in the petitioner's main and reply briefs are not
disputed by the respondents; and - di mu apply dri ang neypes vs neypes
(10) The finding of fact of the Court of Appeals is Rule 45: should be filed within 15 days from the
premised on the supposed absence of evidence notice of judgment or final order appealed from.
and is contradicted by the evidence on record.
- uniform gikan sa rule 40 to 45 – 15 days ra
Distinctions between pet for review on certiorari gyud ang period to file appeal.
others known as appeal by certiorari and pet for - Although Katong sa NOA rule 40 and 41- 30
certiorari. days kung dunay requirement na ROA
- rule 42 and 43 pet for review and rule 45 pet
for rev on cert pede mangau ug extension
RULE 45 vs RULE 65 ang appellant to file the petition not to
extend to file an appeal but additional
As to parties:
period to file the petition itself the petition for
Rule 65: Petition for certiorari as an original action, review or pet for rev on cert.
the parties are the aggrieved party and the lower
Requirement if mangau ug motion for extension:
court or qausi-judicial agency who issued void or
assailed order 1. It must be filed before the expiration of the
15 day period
- Pet for cert: necessary that the court which
2. DF or appeal fees must be paid
rendered the assailed order is impleaded, as
a nominal party otherwise the petition would
be defective. The need for filing an MR:
Rule 45: Appeal by certiorari: the petitioner and Rule 65: MR is required
respondent are also the original parties in the LC
- Pet for cert- one requirements is that there is
yasuda vs CA april 12 2000
no other remedy available so moo need na
dunay MR. if wa naka file ug MR pa he
cannot say that there is no available remedy
As to what court the petition to be filed:
kay naa paman MR
Rule 65: may be filed in the RTC, CA, SB or SC – SC
Rule 45: MR is not required.
has concurrent jurisdiction with CA, SB, and RTC
- Pede ra daun mu file ug appeal
Rule 45, the petition should only be filed in the SC
under rule 45
As to the Subject Matter.
As to purpose: Rule 65: the subject could be an IO or void decision
or order
Rule 65: correct errors of jurisdiction only or GAD
amounting to lack or excess of jurisdiction Rule 45: the subject should be a final order,
committed by the LC. Yu vs Yu April 3 2019 judgment or decision. Di pede IO.
Rule 45: correct errors of judgment or errors
committed by the LC in the exercise of its jurisdiction
As to the nature:
Ang pet for cert ang I correct errors of jurisdiction
meaning the LC (RTC or CA) does not have any
jurisdiction or has acted GAD whereas in pet for
Rule 65: special civil action is an original lower court concerned and on the adverse party
independent separate action and not part or shall be submitted together with the petition.
continuation of the trial of the main case.
- Payment of DF is mandatory and
Rule 45: mode of appeal and a mere continuation jurisdictional. Atienzar vs bangoy march 2
of the proceedings of the original suit 2020
Section 4. Contents of petition. — The petition shall
Pet for review on certiorari vs petition for review: be filed in eighteen (18) copies, with the original
copy intended for the court being indicated as such
Pet for rev on cert: has to be filed in SC by the petitioner and shall:
Pet for rev: has to be filed in the CA (a) state the full name of the appealing party as the
petitioner and the adverse party as respondent,
without impleading the lower courts or judges
Pet fro rev on cert: only pure qs of law can be raised thereof either as petitioners or respondents;
Pet for rev: mix qs of law and facts can be raised (b) indicate the material dates showing when notice
of the judgment or final order or resolution subject
thereof was received, when a motion for new trial or
Section 2. Time for filing; extension. — The petition reconsideration, if any, was filed and when notice of
shall be filed within fifteen (15) days from notice of the denial thereof was received;
the judgment or final order or resolution appealed
from, or of the denial of the petitioner's motion for (c) set forth concisely a statement of the matters
new trial or reconsideration filed in due time after involved, and the reasons or arguments relied on for
notice of the judgment. On motion duly filed and the allowance of the petition;
served, with full payment of the docket and other (d) be accompanied by a clearly legible duplicate
lawful fees and the deposit for costs before the original, or a certified true copy of the judgment or
expiration of the reglementary period, the Supreme final order or resolution certified by the clerk of court
Court may for justifiable reasons grant an extension of the court a quo and the requisite number of plain
of thirty (30) days only within which to file the copies thereof, and such material portions of the
petition. record as would support the petition; and
What would be extended is ang pg file sa pet for (e) contain a sworn certification against forum
review but dunay conditions sine qua non: shopping as provided in the last paragraph of
section 2, Rule 42.
1. The motion shall be filed within fifteen (15)
days from notice of the judgment or final Section 5. Dismissal or denial of petition. — The failure
order or resolution appealed from, or of the of the petitioner to comply with any of the foregoing
denial of the petitioner's motion for new trial requirements regarding the payment of the docket
or reconsideration filed in due time after and other lawful fees, deposit for costs, proof of
notice of the judgment. service of the petition, and the contents of and the
2. With full payment of the docket and other documents which should accompany the petition
lawful fees and the deposit for costs before shall be sufficient ground for the dismissal thereof.
the expiration of the reglementary period
The Supreme Court may on its own initiative deny
the petition on the ground that the appeal is without
- neypes rule would apply here
merit, or is prosecuted manifestly for delay, or that
- pet for cert is not a substitute for a lost
the questions raised therein are too unsubstantial to
opportunity to file appeal.
require consideration.
- have you lost your appeal –di remedy ang
pet for cert- case will be dismissed. TN: grounds for dismissal/ denial of the petition:
Section 3. Docket and other lawful fees; proof of 1. Failure of the petitioner to comply with any
service of petition. — Unless he has theretofore done of the foregoing requirements regarding the
so, the petitioner shall pay the corresponding payment of the:
docket and other lawful fees to the clerk of court of a. docket and other lawful fees,
the Supreme Court and deposit the amount of b. deposit for costs,
P500.00 for costs at the time of the filing of the c. proof of service of the petition
petition. Proof of service of a copy, thereof on the
2. The contents of and the documents which parts thereof within fifteen (15) days from
should accompany the petition is not a notice.
sufficient ground for the dismissal thereof.
Section 9. Rule applicable to both civil and criminal
Section 6. Review discretionary. — A review is not a cases. — The mode of appeal prescribed in this Rule
matter of right, but of sound judicial discretion, and shall be applicable to both civil and criminal cases,
will be granted only when there are special and except in criminal cases where the penalty imposed
important reasons thereof. The following, while is death, reclusion perpetua or life imprisonment.
neither controlling nor fully measuring the court's
discretion, indicate the character of the reasons - The mode of appeal in bringing the case to
the SC in pure qs of law is pet for rev in cert
which will be considered:
including crim cases but there is an
(a) When the court a quo has decided a exception: in crim cases where the penalty
question of substance, not theretofore imposed by the CA or SB is RP or LI
determined by the Supreme Court, or has Why wa maapil ang death?
decided it in a way probably not in accord
with law or with the applicable decisions of - death- there is automatic review bsan ug wa
the Supreme Court; or pa mu file ug appeal ang accused.
(b) When the court a quo has so far RULE 46
departed from the accepted and usual Original Cases
course of judicial proceedings, or so far
sanctioned such departure by a lower court,
as to call for an exercise of the power of - Kato ning mga cases that the CA has original
supervision. jurisdiction in their concurrent or exclusive
Remember: petition for review on certiorari is not a - moo ni procedure sa CA
matter of right Unsay mga kaso na pede ditso file sa CA?
Q: May the SC out rightly dismiss the pet for rev on 1. Exclusive original Jurisdiction
certiorari? - Annulment of Judgment or FO of the
- Yes, if on its face of the petition, it appears to RTC
be without merit, the SC may immediately
dismiss the petition. 2. Concurrent Jurisdiction
Over CPM against RTC and Quasi-Judicial
Section 7. Pleadings and documents that may be bodies
required; sanctions. — For purposes of determining With Ca and SC – over quo warranto
whether the petition should be dismissed or denied proceedings
pursuant to section 5 of this Rule, or where the
petition is given due course under section 8 hereof, Section 1. Title of cases. — In all cases originally filed
the Supreme Court may require or allow the filing of in the Court of Appeals, the party instituting the
such pleadings, briefs, memoranda or documents action shall be called the petitioner and the
as it may deem necessary within such periods and opposing party the respondent. (1a)
under such conditions as it may consider Section 2. To what actions applicable. — This Rule
appropriate, and impose the corresponding shall apply to original actions for certiorari,
sanctions in case of non-filing or unauthorized filing prohibition, mandamus and quo warranto.
of such pleadings and documents or non-
compliance with the conditions therefor. (n) Except as otherwise provided, the actions for
annulment of judgment shall be governed by Rule
Section 8. Due course; elevation of records. — If the 47, for certiorari, prohibition and mandamus by Rule
petition is given due course, the Supreme Court may 65, and for quo warranto by Rule 66. (n)
require the elevation of the complete record of the
case or specified parts thereof within fifteen (15) Section 3. Contents and filing of petition; effect of
days from notice. noncompliance with requirements. — The petition
shall contain the full names and actual addresses of
- If the court gives due course to the petition all the petitioners and respondents, a concise
then it would order the elevation of the statement of the matters involved, the factual
complete record of the case or specified

background of the case, and the grounds relied resolution indicating its initial action on the petition
upon for the relief prayed for. or by his voluntary submission to such jurisdiction.
In actions filed under Rule 65, the petition shall This is about acquiring jurisdiction over the person of
further indicate the material dates showing when the respondent- petition for CPM
notice of the judgment or final order or resolution
subject thereof was received, when a motion for - in CPM ang court di mu issue ug
new trial or reconsideration, if any, was filed and summons kay special civil action
when notice of the denial thereof was received. man. Ang issue sa cout could be an
order requiring the respondent to
It shall be filed in seven (7) clearly legible copies comment. Ang service sa order to file
together with proof of service thereof on the comment- moo nana ang mode of
respondent with the original copy intended for the acquiring jurisdiction over the
court indicated as such by the petitioner, and shall respondent.
be accompanied by a clearly legible duplicate - The respondent is not served with
original or certified true copy of the judgment, order, summons but an order to comment
resolution, or ruling subject thereof, such material
portions of the record as are referred to therein, and Another mode of acquiring jurisdiction:
other documents relevant or pertinent thereto. The - voluntary submission to the
certification shall be accomplished by the proper jurisdiction of the CA under sec 1 rule
clerk of court or by his duly authorized 46
representative, or by the proper officer of the court,
tribunal, agency or office involved or by his duly Section 5. Action by the court. — The court may
authorized representative. The other requisite dismiss the petition outright with specific reasons for
number of copies of the petition shall be such dismissal or require the respondent to file a
accompanied by clearly legible plain copies of all comment on the same within ten (10) days from
documents attached to the original. notice. Only pleadings required by the court shall be
allowed. All other pleadings and papers, may be
The petitioner shall also submit together with the filed only with leave of court.
petition a sworn certification that he has not
theretofore commenced any other action involving - Dismissed the pet outright or require
the same issues in the Supreme Court, the Court of the respondent to comment
Appeals or different divisions thereof, or any other - The service of the order issued by the
tribunal or agency; if there is such other action or CA requiring the respondent to
proceeding, he must state the status of the same; comment is a mode of acquiring
and if he should thereafter learn that a similar action jurisdiction over the respondent.
or proceeding has been filed or is pending before
Section 6. Determination of factual issues. —
the Supreme Court, the Court of Appeals, or
Whenever necessary to resolve factual issues, the
court itself may conduct hearings thereon or
agency, he undertakes to promptly inform the
delegate the reception of the evidence on such
aforesaid courts and other tribunal or agency
issue to any of its members or to an appropriate
thereof within five (5) days therefrom.
court, agency or office. (n)
The petitioner shall pay the corresponding docket
Section 7. Effect of failure to file comment. — When
and other lawful fees to the clerk of court and
no comment is filed by any of the respondents, the
deposit the amount of P500.00 for costs at the time
case may be decided on the basis of the record,
of the filing of the petition.
without prejudice to any disciplinary action which
The failure of the petitioner to comply any of the the court may take against the disobedient party.
requirements shall be sufficient ground for the (n)
dismissal of the petition. (n; Bar Matter No. 803, 21
July 1998)
--------- B R E A K ------------
Section 4. Jurisdiction over person of
respondent, how acquired. — The court shall RULE 38
acquire jurisdiction over the person of the
Relief from Judgments, Orders, or Other
respondent by the service on him of its order or
Proceedings

Problem: Mr. P filed a collection case against D in - The defendant can file an appeal
the RTC, upon receipts of summons D suffered form without filing any motion to set aside
stroke and was hospitalized. For failure to file his default or MNT.
answer upon the motion of P, D was declared in - pede mudtso ug file ug appeal but
default. What is the remedy of D from the default ang problem if mudtso ug appeal
order? ang ma review sa AC kay ang
evidence gi present sa plaintiff. May
- D may file a motion to set aside the default
mn tung new trial kay maka present
order on the ground of accident or FAME.
cya ug evidence.
Under rule 9 sec 3 par b.
- The defendant can file an MNT or
Rule 9 sec 3 (b) Relief from order of default. — A appeal without filing a motion to set
party declared in default may at any time after aside the default order. Royal plains
notice thereof and before judgment file a motion view inc v mejia nov 12 2018
under oath to set aside the order of default upon Supposed the adverse decision has become final
proper showing that his failure to answer was due to and executory when D recovered from his illness.
fraud, accident, mistake or excusable negligence What is the remedy of D?
and that he has a meritorious defense. In such case,
the order of default may be set aside on such terms - Under rul3 38, Mr. D. may file a pet for
and conditions as the judge may impose in the relief from judgment.
interest of justice.
Section 1. Petition for relief from judgment, order, or
Suppose the court render its decision and the other proceedings. — When a judgment or final
decision is adverse to D and the decision has not yet order is entered, or any other proceeding is
become final and executory when he learned thereafter taken against a party in any court
about the decision. What is the remedy of D? through fraud, accident, mistake, or excusable
negligence, he may file a petition in such court and
- file a motion for new trial on the in the same case praying that the judgment, order
ground of accident or FAME. Rule 37 or proceeding be set aside.
sec 1 A
Asa na court I file ang pet for judgment?
Rule 37 Section 1. Grounds of and period for filing
motion for new trial or reconsideration. — Within the - in the same court, in the same case
period for taking an appeal, the aggrieved party - same rag motion pero ang tawag
may move the trial court to set aside the judgment lang is petition
or final order and grant a new trial for one or more - Exactly the same case no.
of the following causes materially affecting the What is pet for relief from judgment?
substantial rights of said party:
- is an equitable remedy provided by
(a) Fraud, accident, mistake or excusable law to any person against a decision
negligence which ordinary prudence could or order is entered thru FAME. It is
not have guarded against and by reason of allowed only in exceptional cases
which such aggrieved party has probably when there is no adequate remedy
been impaired in his rights available.
- ang pet for relief from judgment
If the court has already rendered its decision, there
preha2x rg nature sa pet for cert. it is
is not need for the defendant to set aside the order
NOT A SUBSTITUTE FOR A LOSS
of default. He can file a motion for new trial without
OPPURTUNITY TO FILE AN APPEAL.
filing a prior motion to set aside the default order.
Ditso ng file ug MNT. Ex: Adverse party has the opportunity to file appeal
or MNT but he was not able to avail of the same thru
Remember: basta dunay FAME automatic na the
his fault/negligence which is not excusable – he
motion should be verified and should state the
cannot avail a petition for relief of judgment.
circumstances constituting FAME and the movant
should state that he has meritorious defense.
Aside from MNT, what other remedy? ----- J U D G E is D I S C O N N E C T E D --------
- APPEAL

Petition for relief of judgment is not available when Pet for relief from judgment is even available in
a party has another remedy available to him either declaration of nullity of marriage. Santos vs santos
MNT or appeal and was not prevented from FAME- july 17 2019
he cannot avail this remedy. Duremdez vs jurilla feb
Asa na court I file ang pet for relief from Judgment?
26 2020
- in the same court in the same case
IOW a pet for relief of judgment- the petitioner must
- Sec 1 rule 38 he may file a petition in
allege that due to extrinsic fraud, accident, mistake
such court that rendered the
or excusable negligence, he has been unjustly
judgment or order and in the same
deprive of hearing or has prevented from taking
case.
appeal. Service specialist inc. vs sheriff of manila oct
- It is not considered as a separate
17 1986
case granted by the trail court. It is a
Pet for relief from judgment is an equitable continuation of the proceedings in
relief granted only in exceptional the trail court.
circumstances.
Pet for relief from judgment is no available as
Pet for relief from judgment- is one of the
regards decision rendered by CA and SC. Available
remedies of the AP (Aggrieved Party) from a
ra cya sa MTC and RTC. Porcon vs MRM phil inc. sept
decision or FO that has already become final
26 2008
and executory. It is an exception to the
doctrine of immutability of judgment or FO. It Section 2. Petition for relief from denial of appeal. —
is considered as equitable remedy and is When a judgment or final order is rendered by any
granted only when any of the circumstances court in a case, and a party thereto, by fraud,
mentioned in sec 1 rule 38 is present. accident, mistake, or excusable negligence, has
been prevented from taking an appeal, he may file
 Pet for relief of J usually availed by the a petition in such court and in the same case
defendant who is usually declared in praying that the appeal be given due course.
default. But the plaintiff may avail this
remedy. - Section 2 pet for relief from the order denying
an appeal
Ex: the case was dismissed for failure of the P to - Sec 1 pet for relief from judgment or
appear during the presentation of his evidence. proceeding
What if wa cya maka appear because of an - Sa ato pa ang pet for relief from judgment
accident then ang case na dismiss. Unsa ang available ni cya if the NOA is denied bec it
remedy nya from the FO of the court in dismissing was filed out of time AND the reason is FAME
the case if nilapas na sa reglementary period to file
MR or MNT? When I file ang NOA?
- pet for relief from judgment - 15 days

- so this remedy is available to the - 30 days with ROA
plaintiff What if wa makafile ug NOA within the period of
15/30 days AND the reason of the AP is due to FAME
A party who has filed a timely MNT cannot such as accident. Nadisgrasya or nasakit ug covid.
file a petition for relief of judgment after his Moo wa nka file ug NOA. Gi deny iyang NOA sa
MNT is denied. MNT and pet for relief of court. Unsay remedy nya?
judgment- this are mutually exclusive. Filing
of MNT bars him from filing a pet for relief of - Pet for relief from the order denying the
judgment. notice of appeal
Francisco vs puno oct 23 1981 – a party who has filed Ex: P filed a collection case against D in the MTC. D
a MNT is not allowed to file a petition for relief of in his answer admitted that he has obtained a loan
judgment after his motion has been denied. but the same was fully paid. After trial, the trial court
rendered decision adverse to D but unfortunately,
What is the remedy of a party who has filed MNT but upon the receipt of the decision the lawyer of D
was denied? suffered stroke and was hospitalized. After he was
- read again rule 37 discharged, the lawyer filed NOA but was denied by
the trial court bec it was filed out of time. What is the
remedy of D from the order denying his NOA?

- pet for relief form the order denying his particularity the circumstances constituting FAME as
appeal well as the meritorious defense or cause of action of
the petitioner.
Difference between sec 1 and 2?
- SC: the submission of the affidavit of merit
- Different cla sa subject ug sa prayer
could be excuse. Consul vs consul july 6
Subject: 1966.
 Sec 1: ang subject is judgment or FO Likewise under sec 3: another important requisite!
 Sec 2: subject is order denying the appeal
- A pet for relief of judgment or order denying
Prayer: an appeal must be filed within 60 days from
notice of the judgment or order AND within 6
 Sec 1: to set aside the proceedings or
months from the entry of judgment.
praying that the judgment or order be set
- SC: the double period required under sec 3
aside
is jurisdictional and must strictly be complied
 Sec 2: ang ipa-set aside nya is the order
with otherwise, it will be dismissed outright.
denying the appeal
Why?
Pet for relief from judgment pede ma avail from a
writ of execution issued by the court. Moo nay - acc to the SC: a pet for relief of judgment is
meaning sa “proceeding” that includes execution. an exception to the doctrine of immutability
Possible mn naay execution kay na final na ang of final judgment. Madarang v morales june
decision. Aquino vs blanco nov 28 1947. 9 2014
- So the 60-day period should be reckoned
Within what period a pet for relief from judgment
form the time the AP has knowledge of the
should be filed?
judgment or order sought to be set aside.
VERY IMPORTANT! Sec 3 - 6 moths reckoned from entry of judgment
Section 3. Time for filing petition; contents and TN: the 2 requirements must concur
verification. — A petition provided for in either of the SC: for purposes of 60 day period under rule 38
preceding sections of this Rule knowledge of the finality of judgment or order is
 must be verified, irrelevant. Lasam vs PNB dec 5 2018
 filed within sixty (60) days after the petitioner Read this lasam case!
learns of the judgment, final order, or other
proceeding to be set aside, and not more 60 day period is absolutely fix non-extendible never
than six (6) months after such judgment or interrupted and cannot be subjected to any
final order was entered, or such proceeding condition or contingency because the period fix in
was taken, itself device to meet a condition or contingency.
 and must be accompanied with affidavits The same is non-extendible and cannot be
showing the fraud, accident, mistake, or interrupted despite the pendency of a petition for
excusable negligence relied upon, and the certiorari or a motion for reconsideration. Cruz vs
facts constituting the petitioner's good and Ernesto oppen inc. feb 17 1968
substantial cause of action or defense, as Section 5. Preliminary injunction pending
the case may be. proceedings. — The court in which the petition is
Petition must be verified filed may grant such preliminary injunction as may
be necessary for the preservation of the rights of the
- TN basta FAME gni the motion should be parties, upon the filing by the petitioner of a bond in
verified and must state the facts or favor of the adverse party, conditioned that if the
circumstances constituting FAME and state petition is dismissed or the petitioner fails on the trial
meritorious defense or cause of action of the case upon its merits, he will pay the adverse
- accompanied with affidavit of merits party all damages and costs that may be awarded
- Remember requirements motion to set aside to him by reason of the issuance of such injunction
default kay same ra ghapon. or the other proceedings following the petition, but
One case, pet for relief of judgment was not such injunction shall not operate to discharge or
accompanied by affidavit of merits but the SC extinguish any lien which the adverse party may
allowed it bec the pet itself is verified and states with have acquired upon, the property, of the petitioner.

Considering that the decision has become final and There are 2 steps dri: the petition could be subjected
executory bec the period of appeal has been lapse, to 2 steps or 2 hearings:
most likely the court on motion of the prevailing
Unsa maning 2 hearings na mahitabo dri?
party has issued a writ of executon for the
enforcement of the decision. Unsay remedy ana sa With or without comment, the trial court has to hear
adverse party arun ma stay ang pg enforce sa the petition to determine whether it is meritorious or
decision? not. That is the 1st hearing
- The can asked for the issuance of the If the court would grant the petition, sa prayer sa
preliminary injunction to enjoin the sheriff petition ang petitioner mi claim na he was not able
from expecting the decision under sec 5. to participate in the trial because he met an
accident, or extrinsic fraud. So he is asking that the
SC: the necessity of securing a writ of preliminary
decision be set aside. If during the hearing of the
injunction to suspend or stay the excursion of the
petition, the court finds that the petition is indeed
judgment sought to be set aside under rule 38 stems
meritorious ( the AP has met an accident and was
from the fact that such judgment had already
not able to file the petition) the court will set aside
become final and executory. Velos vs justice of the
the decision and would require the presentation of
peace 42 phil 55
evidence by the defendant. That is the 2 nd hearing.
Section 4. Order to file an answer. — If the petition is 2 hearings required:
sufficient in form and substance to justify relief, the
court in which it is filed, shall issue an order requiring  1st hearing: to determine WON the petition is
the adverse parties to answer the same within fifteen to be granted. If granted there is 2nd hearing.
(15) days from the receipt thereof. The order shall be  2nd hearing: that is the presentation of
served in such manner as the court may direct, evidence by the petitioner.
together with copies of the petition and the Of course kung ang subject to a petition for relief is
accompanying affidavits. an order denying the appeal- wa nay 2nd hearing,
If the court finds the petition to be sufficient in form the court will just order that the appeal be given due
and substance (refer to sec 3 must be verified, course.
alleged circumstances constituting FAME, affidavit Ang akong pasabot dri ang naay 2nd hearing:
of merit, meritorious defense) if naa ni tanan isuwat katong dunay presentation of evidence wherein the
gni sa petition so the petition is sufficient in form and petitioner is praying that the decision or order be set
substance. So the court will issue an order requiring aside. Villanueva vs alcoba april 29 1957.
the AP to answer the petition within 15 days.
What is the remedy of the AP if petition for relief from
Section 6. Proceedings after answer is filed. — After judgment or order granted/denied?
the filing of the answer or the expiration of the period
therefor, the court shall hear the petition and if after TN: whatever ruling of the court either denying or
granting the pet for relief from judgment is non-
such hearing, it finds that the allegations thereof are
appealable.
not true, the petition shall be dismissed; but if it finds
said allegations to be true, it shall set aside the - If the pet for relief from judgement is
judgment or final order or other proceeding granted- granted means there shall be
complained of upon such terms as may be just. continuation of the proceedings bec the
Thereafter the case shall stand as if such judgment, defendant for example will be allowed to
final order or other proceeding had never been present evidence. The order of the court is
rendered, issued or taken. The court shall then only an interlocutory order because it does
proceed to hear and determine the case as if a not end the proceedings. Being an IO that is
timely motion for a new trial or reconsideration had not appealable.
been granted by it.
- On the other hand, the court denies the pet
TN: Ang court di mu issue ug summons but just an
for relief from judgment- not appealable
order- requiring the AP to answer the petition
also.
 There is no default here! Mao ni na dli
Asa mabasa?
summons kay there is no default!
 If the AP does not file his answer to the Granting- santos v santos july 17 2019
petition-the court has to proceed with the
Denying – rule 41 sec 1 par A.
hearing of the petition.
If it is not appealable unsay remedy if the order is

issued with GAD?
November 26, 2021
- Pet for certiorari.
Choy and Sherre
Santos v santos – the order of the court denying the
Last time, we talked about Petition for Relief from
pet for relief from judgment may be questioned by
Judgment.
the higher court thru pet for cert. the higher court
has to examine the case WON if there is GAD by the Petition for Relief from Judgment
trial court.
- is one of the post -judgement remedies.
While rule 38 does not stay the execution of
- one of the remedies available to the
judgment unless the court will issue PI, if granted by
aggrieved party (TN) after the decision or
the trial court, it will re-open the case for new trail
final order has become final and executory.
according to the case in santos v santos.
 Final and executory najud ang
decision or ang final order.
Section 7. Procedure where the denial of an appeal
is set aside. — Where the denial of an appeal is set
aside, the lower court shall be required to give due That is why, Petition for Relief from Judgment is an
course to the appeal and to elevate the record of exception to the doctrine of “Immutability of
the appealed case as if a timely and proper appeal Judgment”.
had been made.
Where the denial of the appeal is set aside, if the
subject for pet for relief from judgment is an order That is why it is called an equitable remedy provided
denying the appeal and the same is granted then by law to any person against whom a decision or
the court has to give due course of the appeal and order is entered through fraud, accident, mistake or
elevate the record to the appellate court. excusable negligence (FAME). It is only allowed in
exceptional cases when there is no other available
or adequate remedy.
When the appropriate remedy of the aggrieved

party should have been MNT or Appeal, but he
failed to avail those remedies because of his own
fault or fault of his counsel, he cannot avail of the
remedy of Petition for Relief from Judgment. It should
be that the aggrieved party was not able to avail of
MNT or Appeal because of FAME.
Timan-e jud ni ninyo ha, PETITON FOR RELIEF FROM

JUDGMENT.
TN: The double period. 60 days and the 6 months

period. The two must concur and must be present.
Now, if the court finds the petition to be meritorious,

the Petition for Relief from Judgment would just be
considered as a continuation of the proceedings in
the trial court. It is not considered as a separate
case. That is why Petition for Relief from Judgment
should be filed in the same court that render the
judgment, or order, or proceeding.

Whatever would be the ruling of the court on the remedies are no longer available through no fault of
Petition for Relief from Judgment, e-deny mana nya the petitioner. (n)
or e-grant, the order of the court cannot be subject
of appeal. If the judgment or final order rendered by the RTC,
the Petition for Annulment of Judgment should be
filed in the CA. But if the decision or final order
Kung i-grant nya, the order cannot be a subject of subject of the petition is rendered by the MTC, the
appeal because that is expressly provided for under petition should be filed in the RTC having jurisdiction
Sec. 1, Rule 41 of the ROC. In an order granting such over the MTC. (Section 10, Rule 47)
relief is merely interlocutory, that is why it is not
appealable.
Wherein it says that the Petition for Annulment of
Judgment or Final Order of the MTC shall be filed in
Likewise, an order denying a Petition for Relief from the RTC.
Judgment is also not appealable because it is
expressly provided under Section 1(a), Rule 41.
So adto sa higher court, dili pareho sa Petition for
Relief from Judgment nga in the same court.
The available remedy of the aggrieved party
against or from the order of the court, either denying
or granting the Petition for Relief from Judgment is That is one of the distinctions between Petition for
only Petition for Certiorari. Relief from Judgment or Order and Petition for
Annulment of Judgment or Final Order.
- kadaghan na gipangutana sa BAR. “The
Timan-e na ha kay Petition for Relief from Judgment distinction between the two.”
is very important.
- now, you have one, as to where the petition
to be filed.
-----
Let’s go now to another post-judgment remedy. A Petition for Annulment of Judgment is a remedy in
Again, the decision here already final and equity. So exceptional in nature that it may be
executory. The final order or the decision has availed of only when the ordinary remedies of New
already become final and executory and just like Trial, Appeal, Petition for Relief from Judgment, or
Petition for Relief from Judgment, this remedy we are other appropriate remedies are no longer available
going to discuss now is another exception to the without fault on the part of the petitioner.
doctrine of Immutability of Judgment or Final Order.
Kaganiha, naghisgot tag Petition for Relief from

Just like a Petition for Relief from Judgment, this is an Judgment, equitable remedy man sad tu sya diba.
equitable remedy and should only be granted when Unya di sya pwede ma avail kung ang remedy unta
the circumstances mention under Rule 47 are is MNT or Appeal. And the petitioner was not able to
present. I am referring to Annulment of Judgments avail. So in Petition for Relief from Judgment, it is
or Final Orders and Resolutions in civil cases of the necessary the petitioner was not able to avail of MNT
RTC. or (appeal) without his fault or he was prevented to
avail those remedies because of FAME. Pareha ra
pud ang Petition for Annulment of Judgment.
RULE 47
Annulment of Judgments of Final Orders and
Resolutions It is necessary it is necessary the petitioner was not
able to avail of MNT, Appeal, and this time including
Section 1. Coverage. — This Rule shall govern the Petition for Relief from Judgment
annulment by the Court of Appeals of judgments or
- so mag una nag PRJ.
final orders and resolutions in civil actions of Regional
Trial Courts for which the ordinary remedies of new and other appropriate remedies without his fault.
trial, appeal, petition for relief or other appropriate
Pinausukan Seafood House, Roxas Boulevard, Inc. v. If the decision or final order is rendered by the RTC,
Far East Bank & Trust Company, January 20, 2014 it should be filed in the CA. (Sec. 1, Rule 47)
Sec. 1, Rule 47
Petition for Annulment is not available to judgment
of final order rendered by the CA or CTA. So kaning
Petition for Annulment of Judgment is a remedy in
Petition for Annulment, available rani siya para sa
equity. So exceptional in nature that it may be
decision nga gi rendered sa RTC ug MTC.
availed of only when the ordinary remedies of New
Trial, Appeal, Petition for Relief from Judgment, or
other appropriate remedies are no longer available
Ang decision sa CA ug sa CTA, dili pwede nga ma
without fault of the petitioner.
subject ug Annulment of Judgment because
annulment of judgment is not among the cases
enumerated in the Constitution over which the SC
Petition for Annulment of Judgment is independent
exercises original jurisdiction.
and separate from the case where the judgment
sought to be annulled is rendered. It is a different Commissioner of Internal Revenue v. Kepco Ilijan
action. It is not a continuation of the proceedings. Corporation, June 21, 2016
Dili pareho sa Petition for Relief from Judgment, kung Petition for Annulment of Judgment does not also
igrant sya it would be considered a continuation. apply to decision rendered in criminal cases.
People v. Bitanga, June 26, 2007
So, it (PAJ) is independent of the case where the
judgment sought to be annulled is rendered. The
It is also not available to judgment or final orders
ultimate objective of the remedy is to set aside the
rendered by quasi-judicial bodies, such as NLRC,
judgment or final order, and thereby grant to the
Ombudsman, Civil Service Commission, Office of the
petitioner an opportunity to prosecute his cause or
President, decision of the DARAB (PARAD) is not
to ventilate his defense.
available.
Encarnacion v. Johnson, July 11, 2018
Fraginal v. Parañal, February 23, 2007
PAJ is not a continuation of the case, as in fact the

decision it seeks to annul is already final and Section 2. Grounds for annulment. — The annulment
executory, but rather, it is an extraordinary remedy may be based only on the grounds of extrinsic fraud
that is equitable in character and permitted only in and lack of jurisdiction.
exceptional circumstances. Extrinsic fraud shall not be a valid ground if it was
Alvarez v. CA, June 3, 2019 availed of, or could have been availed of, in a
motion for new trial or petition for relief. (n)
What are the grounds for Annulment of Judgment?
Ilang similarity sa Petition for Relief from Judgment,
mao ni: The ROC only provides 2 grounds, that is:
1. Extrinsic Fraud; and
Just like Petition for Relief from Judgment, it may 2. Lack of Jurisdiction
disregard the doctrine of Immutability of Judgment. However, jurisprudence provides for a 3 rd ground,
Meaning, it is an exception to that doctrine. and that is:
3. Denial of due process
Where should Petition for Annulment of Judgment be Benatiro v. Cuyos, July 30, 2008
filed?
Diona v. Balangue, January 7, 2013
If the decision or final order is rendered by the MTC,
the petition should be filed in the RTC. (Sec. 10, Rule
47)
So tulo ka grounds pero ang usual jud kay extrinsic Relief, or other remedies without fault of the
fraud and lack of jurisdiction. petitioner.
Section 3. Period for filing action. — If based on 2. The ground for the remedy is extrinsic fraud or
extrinsic fraud, the action must be filed within four (4) lack of jurisdiction, or as provided by
years from its discovery; and if based on lack of jurisprudence, denial of due process.
jurisdiction, before it is barred by laches or estoppel. Take note:
(n)
3. If based on extrinsic fraud, it must be filed
Section 4. Filing and contents of petition. — The within 4 years from the discovery of the
action shall be commenced by filing a verified extrinsic fraud.
petition alleging therein with particularity the facts
and the law relied upon for annulment, as well as So dunay tagal ang pag file sa petition.
those supporting the petitioner's good and Depende sa ground.
substantial cause of action or defense, as the case
may be.
On the other hand, if it is based on lack of
The petition shall be filed in seven (7) clearly legible jurisdiction, it must be filed before it is barred
copies, together with sufficient copies by laches or estoppel.
corresponding to the number of respondents. A
certified true copy of the judgment or final order or
resolution shall be attached to the original copy of In other words, if the ground is extrinsic fraud,
the petition intended for the court and indicated as the petition must be filed within 4 years.
such by the petitioner.
But if the ground is based on lack of
The petitioner shall also submit together with the jurisdiction, there is no prescriptive period
petition affidavits of witnesses or documents within which the petition to annul the
supporting the cause of action or defense and a judgment may be filed but it may be barred
sworn certification that he has not theretofore by estoppel or laches.
commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals or
different divisions thereof, or any other tribunal or Estoppel- unreasonable delay.
agency if there is such other action or proceeding,
he must state the status of the same, and if he should
thereafter learn that a similar action or proceeding Tinuod wala syay prescription pero
has been filed or is pending before the Supreme magdugay ka ug file without any reason or
Court, the Court of Appeals, or different divisions justifiable cause, the petition may be
thereof, or any other tribunal or agency, he dismissed on the ground of laches or
undertakes to promptly inform the aforesaid courts estoppel.
and other tribunal or agency thereof within five (5)
days therefrom. (n) 4. The petition should be verified and should
alleged with particularity the facts and law
The requirements that must be complied with before relied upon and those supporting the
the remedy of Petition for Annulment of Judgment petitioner’s good and substantial cause of
can be granted are: action.
There are 4 requisites, summarized by the SC, in Encarnacion v. Johnson, July 11, 2018
order that Annulment of Judgment could be
granted.
- timan-e ha kay basin imong ma state Those are the 4 requisites in order that a petition for
marriage. Annulment of Judgment or Final annulment of judgment would prosper. Cited by the
Order, dili annulment of marriage. SC in the case of Encarnacion v. Johnson, July 11,
2018.
1. The remedy is only available when the

petitioner can no longer resort to ordinary Is it necessary that the petition should be filed by a
remedies of New Trial, Appeal or Petition for party to the case where the judgment to be annulled
is rendered?

No. According to the SC, the proper party to file a

Petition for Annulment of Judgment or Final Order
Annulment of Judgment may be based only on the
need not be a party to the judgment sought to be
grounds of extrinsic fraud and lack of jurisdiction.
annulled. However, it is necessary that he is able to
Although as provided by jurisprudence, it is also
prove by preponderance of evidence that he is
available when the aggrieved party has been
adversely affected by the judgment or decision that
denied of his right to due process.
is sought to be annulled.
- so kinahanglan maka prove sya
This remedy is not available where the party has
- dili kinahanglan ang mo file sa petition ang
availed himself of the remedy of New Trial, Appeal,
katong party, pwede laing tao.
Petition for Relief from Judgment, or where he has
- pero kinahanglan ang kanang mo file, failed to avail himself of these remedies through his
kinahanglan muhatag u pruweba nga he is own fault or negligence.
adversely affected by the judgment.
Fraginal v. Parañal, February 23, 2007
Encarnacion v. Johnson, July 11, 2018
Islamic Da’Wah Council of the Phil. v. CA, September
So atu pa, kining Annulment of Judgment, pareho
29, 1989
rani syag Petition for Certiorari or Petition for Relief
from Judgment, it is not a remedy for lost opportunity
to file appeal. When the aggrieved party lost or was
A litigant who was able to file a Petition for Relief
not able to avail of Motion for New Trial, Motion for
from Judgment under Rule 38 cannot anymore avail
Reconsideration or Appeal because of his fault.
himself of an action (Petition) for Annulment of
Judgment under Rule 47 based on the same
grounds available to him prior to the remedy.
Adto ta sa mga grounds.
Aquino v. Tangkengko, August 24, 2016
EXTRINSIC FRAUD
Ato naning gidiscuss didto sa default.
In the same way, that a party who has availed of
Ato pud ning gihisgutan didto sa Petition for Relief
Motion for New Trial cannot avail of Petition for Relief
from Judgment.
from Judgment.
Francisco v. Puno, October 23, 1981
Just a reminder:
Extrinsic Fraud refers to fraudulent act of the adverse
Considering that a Petition for Annulment of
party in litigation committed outside of the trial
Judgment is an exception the doctrine of
whereby the defeated/aggrieved party is
Immutability of Judgment, so it is possible-
prevented from fully exhibiting his side of the case
- dili mani sya pwede ma avail kung dili pa by fraud or deception practice on him by his
final and executory ang decision opponent.
Kay final and executory naman ang decision nga gi
question, posible nga ang decision has already
Unsa maning mga fraudulents acts, for example, na
been executed.
matawag natu naa extrinsic fraud?
Such as:
In other words, Petition for Annulment of Judgment
 By keeping him away from court;
can still be availed of even if the decision to be
annulled has already been executed/enforced.  *By giving him a false promise of a compromise;
(Section 9 par. 2, Rule 47)  *Or where the defendant never had a
knowledge of the suit, being kept in ignorance
Garchitorena v. Sotelo, November 13, 1942
by the acts of the plaintiff;

 Or where his lawyer fraudulently or without kanang extrinsic fraud, ground na sya to set aside
authority connives at his defeat default order; ground na sya for petition for relief
from judgment; ground na sya for petition for
- for example:
annulment of judgment. Mao ra jud gihapoy
iyang abogado gibayran meaning/concept.
Basta inyong timan-an diri sa Extrinsic Fraud, wala ka For example:

participate ang aggrieved party. Or
- presentation of false witness
nakaparticipate man siya, he was not able to fully
present his evidence because of the fraudulent acts - presentation of a falsified document
practiced/committed by the adverse party.
its not an intrinsic fraud but extrinsic
fraud; merely extrinsic
For example: because the presentation of the same
by the adverse party does not deprive
Gibayran niya ang abogado
the aggrieved party of his day in court
- presentation of controverting evidence
Nakaparticipate tuod sya pero wala ka sya fully
he is not prevented from exposing to the
present his side.
court that the document is falsified; that
the witness is perjured
Mao na ang concept anang Extrinsic Fraud. Timan- Castro v. Gregorio, October 15, 2014
e!
TN: of the concept of Extrinsic Fraud.
LACK OF JURIDICTION
Judge D: Duna gani koy isulti na wala kaayo ninyo
Another ground for Petition for Annulment of
makuha, basaha ng kaso akong i-cite ninyo. Unsa
Judgment.
may pulos sa pag cite nako ninyo sa kaso kung di
na ninyo basahon kung duna moy kalibog. Just remember the elements of jurisdiction.
Read the case of:
Castro v. Gregorio, October 15, 2014 What are the elements of jurisdiction?
- jurisdiction over the subject matter
Extrinsic Fraud, as a ground of annulment of - jurisdiction over the person of the defendant
judgment, must emanate from an act of the
- etc
adverse party, and the fraud must be of such nature
as to have deprived the petitioner of its day in court. Lack of jurisdiction on the part of the trial court in
rendering the judgment or final order, either
The fraud is not extrinsic if the act was committed by
because of lack of jurisdiction over the subject
the petitioner’s own counsel.
mater or nature of the action; or jurisdiction over the
Pinausukan Seafood House, Roxas Boulevard, Inc. v. person of the petitioner, renders the judgment void,
Far East Bank & Trust Company, January 20, 2014 and the same can be subject of Petition for
Annulment of Judgment.
Ang opposite sa extrinsic fraud is intrinsic fraud.
Intrinsic fraud is not a ground for annulment. It is not
also a ground for Petition for Relief from Judgment.
For example:
Because in intrinsic fraud, the aggrieved party is not
deprived of his day in court. He is not prevented from  There was improper service of summons.
presenting fully his evidence so it cannot be a
ground for petition for annulment or petition for relief
from judgment, or Motion to Set Aside Default Order. So if there was improper service of summons, unless
there is voluntary appearance on the part of the
Nganu sige kog hisgot aning Motion to Set Aside
defendant, renders the judgment void because the
Default Order? Kay related man gud ni sila. Kay

court has not acquired jurisdiction over the person - dili na kinahanglan e alleged kung iyang
of the defendant. ground lack of jurisdiction.
 The court does not have jurisdiction over the SC said, this is so because a judgment rendered or
subject matter. final order issued by the trial court without jurisdiction
is void and may be assailed any time either
collaterally or in a direct action or by resisting by
Renders the judgment or final order issued as null such judgment or final order in any action or
and void. proceeding whenever it is invoked, unless barred by
laches.
Alvarez v. CA, June 3, 2019
Ancheta v. Ancheta, March 4, 2004
A judgment or final order issued by the trial court
without jurisdiction over the subject matter or nature
of the action is always void.
In Acheta v. Ancheta, kini sya kay annulment of
Defective service of summons negates the court’s marriage ni. Ang nahitabo ani puros nagkasayop-
jurisdiction and is thus recognize as a ground for sayop.
action for annulment of judgment.
1. Ang petitioner, husband, mi file ug petition for
Carreon v. Aguillon, June 29, 2020 annulment of marriage. Arun jud di ma serve-
van ug summons/makatubag iyang asawa,
Very Important!
iyang gituyo ug sayop ang address.
Diba ang ROC, 2 grounds raman ang gihatag:
extrinsic fraud and lack of jurisdiction.
2. And so, when the sheriff served the summons, of
If the Petition for Annulment of Judgment is based
course, he was not able to locate the
on extrinsic fraud, the petitioner must alleged in the
respondent kay wrong address man. Kabaw mo
petition for annulment that the ordinary remedies of
unsa gibuhat sa sheriff?
new trial, appeal, or petition for relief from judgment
are no longer available without his fault, otherwise,
the petition will be dismissed.
The sheriff left a copy of the summons with the
- kinahanglan isulat jud, e alleged jud didto sa person who was staying in that address nga
petition kung iyang ground extrinsic fraud. kahibaw sya wala diha nagpuyo ang
respondent. So, there was improper service of
- that he was not able to avail the remedies of
summons.
new trial, appeal, or petition for relief from
judgment without his fault, otherwise, the
petition would be dismissed.
Of course, gibutang didto sa return nga duly
- (another requisite, important requirement) served pero sayop because there was no proper
service of summons.
he (petitioner) must also explain and justify
his failure to avail such remedies
 wa tuood ka ka avail ug new trial, wa 3. Sayop on the part of the court.
ka ka-file ug appeal, wala ka ka-file
After the lapse of the period to file answer, the
bisan petition for relief from judgment
petitioner filed a motion to declare the
lng. Nganu man?
respondent in default.
- the reason must not be due to the fault of the
petitioner
Nakahibaw naman intawn mo sa anang Annulment
of Marriage, wala may declaration of default diha.
On the other hand, if the ground for Petition for Bisan pag duly served ang summons, nga di
Annulment is lack of jurisdiction, there is NO NEED for mutbagnang respondent, anag court ana mu order
the petitioner to alleged in his petition that he was pa gani sa fiscal nga, “imbestigara fiscal kung wa
not able to avail of new trial, appeal or petition for bay collusion (you remember that in your civil- family
relief from judgment without his fault. code).”

BUT, nevertheless, bisag wala niya masuwat didto sa

iya petition, the SC give due course or reversed the
The court declared the respondent in default, so the
decision of the CA dismissing the petition.
rendered decision has become final and executory.
Unsa man ang grounds sa SC?

The respondent upon knowing/learning of the
decision rendered against him/her filed for Petition The SC said, kung extrinsic fraud ang ground,
for Annulment of Judgment before the CA. kinahanglan e-alleged. In this case, ang ground sa
petitioner dili lang kay extrinsic fraud, kung dili lack
of jurisdiction man pud. So kung lack of jurisdiction,
Nganung sa CA man? dili na kinahanglan e-alleged nga ang petitioner wa
maka-avail anang new trial, appeal or petition for
Because the decision was rendered by the RTC.
relief from judgment without her fault.
That is why the SC reversed the order of the CA
In their petition, there is no allegation that she was dismissing the petition.
not able to avail of new trial, appeal, and petition
Ancheta v. Ancheta, March 4, 2004
for relief from judgment without her fault.
- wala na nya ma alleged
BarQ (many times, including 2019)
So, the CA dismissed her petition.

Distinguish Petition for Relief from Judgment from
Annulment of Judgment.
Unsa may grounds niya sa iyang Petition for
Annulment?
GROUNDS
Ang grounds nya duha.
Petition for Relief from Judgment
Extrinsic Fraud
1. Extrinsic Fraud
The fraudulent act gibuhat sa bana kay katong
pagsuwat/pag-indicate ug sayop nga address that 2. Accident
prevented her participating in the proceedings.
3. Mistake
4. Excusable Negligence
Lack of Jurisdiction
On the part of the RTC.
Annulment of Judgment
Nganu man?
1. Extrinsic Fraud
Kanang Annulment RTC man jud na.
2. Lack of Jurisdiction
There was lack of jurisdiction because there was an
3. Denial of Due Process (as provided in
improper service of summons.
jurisprudence)
She didn’t state in her petition that she was not able
to avail of motion for new trial, appeal, or petition for
relief from judgment without her fault. On that PERIOD TO FILE
ground, the CA dismissed her petition. She
appealed to the SC.
Should be filed within 60 days after the petitioner
The SC said, basta ang ground gani kay extrinsic
learns of the judgment, final order or other
fraud, kinahanglan jud na isulti, e-alleged jud na sa
proceedings to be set aside, AND not more than 6
petition for annulment: that the petitioner was not
months after such judgment or final order was
able to avail of new trial, appeal or petition for relief
‘entered’.
from judgment WITHOUT his fault.
Meaning, it must be filed within 6 months after the
finality of the decision or order.
If it is based on lack of jurisdiction, there is no

prescriptive period but it must be filed before it is
Petition for Annulment of Judgment
barred by laches or estoppel.
On the other hand, PfAJ, if based on extrinsic fraud,
should be filed within 4 years from the discovery of
the extrinsic fraud. Imperial v. Armes, January 30, 2017
However, if it is based on lack of jurisdiction, there is If the ground invoked is lack of jurisdiction, (which
no prescriptive period but it should be filed, we have explained as pertaining to both lack of
nevertheless, before it is barred by laches or jurisdiction over the subject matter and over the
estoppel. person), the action for the annulment of the
judgment may be filed at any time for as long as
estoppel has not yet set in.
WHERE IT SHOULD BE FILED.

Unsa man sad ng ‘estoppel’ or ‘laches’?
Mao tu akong giingon ninyo ganiha:
The same shall be filed in the same court that
Unreasonable delay in filing the petition.
rendered the decision or order assailed or
questioned. Unreasonable, meaning inexcusable or
unexplained length of time.

Nakahibaw naman kaha ka. Nganung naga
Shall be filed in the higher court.
paabot paman kag 10 years? Unsa man imong
If the decision is rendered by MTC, it should be filed katarungan bi? Nagpaabot ka nga ma reverse ang
in the RTC. decision?
If it is rendered by the RTC, it should be filed in the
CA.
Benatiro v. Cuyos, July 30, 2008
According to the SC, the question of laches is
addressed to the sound discretion of the court and,
being an equitable doctrine, its application is
ISSUANCE OF SUMMONS
controlled by equitable considerations. It is the
Petition for Relief from Judgment better rule that courts, under the principle of equity,
The court does not issue summons but would merely - principle of equity is a remedy outside the
issue an order requiring the respondent to answer law. Based only what is fair and just.
the petition. (Sec. 4, Rule 38)
will not be guided or bound strictly by the statute of
limitations or the doctrine of laches when to be so, a
manifest wrong or injustice would result.
The court issues summons.
Section 4. Filing and contents of petition. — The
action shall be commenced by filing a verified
Section 3. Period for filing action. — If based on petition alleging therein with particularity the facts
extrinsic fraud, the action must be filed within four (4) and the law relied upon for annulment, as well as
years from its discovery; and if based on lack of those supporting the petitioner's good and
jurisdiction, before it is barred by laches or estoppel. substantial cause of action or defense, as the case
(n) may be.
If based on extrinsic fraud, should be filed within 4 The petition shall be filed in seven (7) clearly legible
years from the discovery. copies, together with sufficient copies
corresponding to the number of respondents. A
certified true copy of the judgment or final order or
resolution shall be attached to the original copy of
the petition intended for the court and indicated as Look at the 3rd paragraph of this section:
such by the petitioner.
The petitioner shall also submit together with the
The petitioner shall also submit with the petition
petition affidavits of witnesses or documents
affidavits of witnesses or documents supporting the
supporting the cause of action or defense and a
cause of action or defense.
sworn certification that he has not theretofore
commenced any other action involving the same
issues in the Supreme Court, the Court of Appeals or
Pananglitan, kung tinuod dunay extrinsic fraud.
Tinuod nga giilad ka. Wala ka ka participate sa
agency if there is such other action or proceeding,
proceedings.
he must state the status of the same, and if he should
thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme
Pero pananglitan mo participate ka sa
Court, the Court of Appeals, or different divisions
proceedings, you will be allowed to present your
thereof, or any other tribunal or agency, he
evidence, unsa may ebidensya nmo nga ipakita?
undertakes to promptly inform the aforesaid courts
Kung wala pud kay klarong ebidensya, DENIED.
and other tribunal or agency thereof within five (5)
days therefrom. (n)
It must be verified. In other words, gawas nga mo prove ka na there is
extrinsic fraud, kinahanglan na magpakita pud ka
nga duna kay meritorious defense or cause of
Hinumdomi jud tu ninyo kato bitawng requirements action.
sa Motion to Set Aside Default, naghisgot man
gihapon tu syag extrinsic fraud, accident, mistake,
excusable negligence. BTW, kining Annulment of Judgment, dili rani
available sa defendant. This is available to both
Requirement jud na verification. Diri pud. parties.
 The petition must be verified. AND it must be accompanied by certification

 It must state with particularity the facts and the against forum shopping because it is considered as
law relied upon for the annulment of the an initiatory pleading.
judgment.
- for example:
Section 5. Action by the court. — Should the court
“The petitioner files this annulment on the ground find no substantial merit in the petition, the same
of fraud.” may be dismissed outright with specific reasons for
such dismissal.
Nah. Kana ra imong isulti? DISMISS.
Should prima facie merit be found in the petition,
Isulti nimo kung unsang mga circumstances nga
the same shall be given due course and summons
mi constitute ug fraud, shoud be stated with
shall be served on the respondent. (n)
particularity. Unsa man iyang gibuhat. What
particular acts. Of course, if the court finds no merit in the petition, it
can be dismissed outright.
Whenever it’s extrinsic fraud, (mo gawas gani ni) the

petition or the motion: So kinahanglan nga tarungon jud na nimo pag
presentar ang imohang petition, tarungon pag
- must be verified;
alleged. E-alleged nimo nga dunay fraud or there
- the petitioner must have meritorious defense was lack of jurisdiction and that you have
or cause of action; and meritorious defense/cause of action.
- there must be an affidavit of merit.
May the court right away dismiss the petition for
annulment of judgment?
YES, if the court finds no substantial merit in the filing of such original action until the finality of the
petition. But if the court finds the petition to be judgment of annulment. However, the prescriptive
sufficient in form and substance, the court may issue period shall not be suspended where the extrinsic-
summons just like an ordinary civil action. (2nd fraud is attributable to the plaintiff in the original
paragraph, Sec. 5) action. (n)
The prescriptive period for the refiling of the original
action shall be deemed suspended from the filing of
Section 6. Procedure. — The procedure in ordinary
such original action until the finality of the judgment
civil cases shall be observed. Should trial be
of annulment. The prescriptive period, however,
necessary, the reception of the evidence may be
shall not be suspended where the extrinsic-fraud is
referred to a member of the court or a judge of a
attributable to the plaintiff in the original action.
Regional Trial Court. (n)
The procedure would be the same in ordinary civil
cases. Section 9. Relief available. — The judgment of
annulment may include the award of damages,
attorney's fees and other relief. (n)
Section 7. Effect of judgment. — A judgment of
Pwede ba ma file ang Petition for Annulment of
annulment shall set aside the questioned judgment
Judgment bisan executed na ang decision? Final
or final order or resolution and render the same null
and executory na?
and void, without prejudice to the original action
being refiled in the proper court. However, where Yes, pwede. That’s under Sec. 9
the judgment or final order or resolution is set aside
on the ground of extrinsic fraud, the court may on
motion order the trial court to try the case as if a “If the questioned judgment or final order or
timely motion for new trial had been granted resolution had already been executed the court
therein. (n) may issue such orders of restitution or other relief as
justice and equity may warrant.”
If the petition for annulment is granted, obviously the
judgment or final order shall be set aside.
Pananglitan ang Petition for Annulment of Judgment
is filed in the CA.
Unsa may sunod ni ana?
For example, the assailed/questioned judgment is
If the ground for the annulment is, for example, lack rendered by the RTC so the Petition for Annulment of
of jurisdiction over the subject matter, then it can be Judgment is to be filed in the CA.
refiled with the proper court.
- kana kung jurisdiction over the subject
matter. What is the remedy of the aggrieved party from the
adverse decision of the CA in a Petition for
Annulment of Judgment?
Pananglitan iyang ground extrinsic fraud. Unsa may sunod sa CA? Adto ka sa Supreme Court.
(Look at the 2nd sentence of Sec. 7). Usa ramay appeal ngadto sa SC and that is Rule 45.
Where the judgment or final order is set aside on the Because the CA rendered the decision in the
ground of extrinsic fraud, the court may on motion exercise of its original jurisdiction.
order the trial court to hear the case as if a timely
motion for new trial had been granted therein.
Sa criminal case ra nga pwede e Notice of Appeal
- pwede nga ireturn didto ang kaso sa lower didto sa SC. Kato rang reclusion perpetua ug life
court as if a motion for new trial had been sentence.
granted.
Section 10. Annulment of judgments or final orders of

Section 8. Suspension prescriptive period. — The Municipal Trial Courts. — An action to annul a
prescriptive period for the refiling of the aforesaid judgment or final order of a Municipal Trial Court
original action shall be deemed suspended from the
shall be filed in the Regional Trial Court having Section 1. When allowed. — At its own instance or
jurisdiction over the former. It shall be treated as an upon motion of a party, the court may hear the
ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of parties in oral argument on the merits of a case, or
this Rule shall be applicable thereto. (n) on any material incident in connection therewith.
(n)
Mao ni sya katong mga decision rendered sa MTC.
The oral argument shall be limited to such matters as
the court may specify in its order or resolution. (1a,
RULE 48 R48)
Preliminary Conference Section 2. Conduct of oral argument. — Unless
authorized by the court, only one counsel may
Section 1. Preliminary conference. — At any time argue for a party. The duration allowed for each
during the pendency of a case, the court may call party, the sequence of the argumentation, and all
the parties and their counsel to a preliminary other related matters shall be as directed by the
conference. court. (n)
(a) To consider the possibility of an amicable Section 3. No hearing or oral argument for motions.
settlement, except when the case is not — Motions shall not be set for hearing and, unless the
allowed by law to be compromised court otherwise directs, no hearing or oral argument
(b) To define, simplify and clarify the issues for shall be allowed in support thereof. The adverse
determination; party may file objections to the motion within five (5)
days from service, upon the expiration of which such
(c) To formulate stipulations of facts and motion shall be deemed submitted for resolution.
admissions of documentary exhibits, limit the (29, R49)
number of witnesses to be presented in
cases falling within the original jurisdiction of --- just a matter of reading---
the court, or those within its appellate
jurisdiction where a motion for new trial is
granted on the ground of newly discovered Sa CA ni.
evidence; and Rule 48 and 49, puro ni sa CA.
(d) To take up such other matters which may
aid the court in the prompt disposition of the
case. (Rule 7, CA Internal Rules) (n) TN: Humana ta sa Rule 50, 51, 52 and 53. Puros na sa
CA.
Section 2. Record of the conference. — The
proceedings at such conference shall be recorded
and, upon the conclusion thereof, a resolution shall RULE 50
be issued embodying all the actions taken therein,
Dismissal of Appeal
the stipulations and admissions made and the issues
defined. (n) Section 1. Grounds for dismissal of appeal. — An
Section 3. Binding effect of the results of the appeal may be dismissed by the Court of Appeals,
conference. — Subject to such modifications which on its own motion or on that of the appellee, on the
may be made to prevent manifest injustice, the following grounds:
resolution in the preceding section shall control the (a) Failure of the record on appeal to show
subsequent proceedings in the case unless, within on its face that the appeal was taken within
five (5) days from notice thereof, any party shall the period fixed by these Rules;
satisfactorily show valid cause why the same should
not be followed. (n) (b) Failure to file the notice of appeal or the
record on appeal within the period
--- just a matter of reading--- prescribed by these Rules;
(c) Failure of the appellant to pay the docket
RULE 49 and other lawful fees as provided in section
5, Rule 40 and section 4 of Rule 41; (Bar
Oral Argument Matter No. 803, 17 February 1998)

(d) Unauthorized alterations, omissions or A. In ordinary appeals. —

additions in the approved record on appeal
as provided in section 4 of Rule 44; 1) Where no hearing on the merits of
the main case is held, upon the filing
(e) Failure of the appellant to serve and file of the last pleading, brief, or
the required number of copies of his brief or memorandum required by the Rules
memorandum within the time provided by or by the court itself, or the expiration
these Rules; of the period for its filing.
(f) Absence of specific assignment of errors 2) Where such a hearing is held, upon
in the appellant's brief, or of page references its termination or upon the filing of the
to the record as required in section 13, last pleading or memorandum as
paragraphs (a), (c), (d) and (f) of Rule 44; may be required or permitted to be
(g) Failure of the appellant to take the filed by the court, or the expiration of
necessary steps for the correction or the period for its filing.
completion of the record within the time
B. In original actions and petitions for review.
limited by the court in its order;
—
(h) Failure of the appellant to appear at the
preliminary conference under Rule 48 or to 1) Where no comment is filed, upon
comply with orders, circulars, or directives of the expiration of the period to
the court without justifiable cause; and comment.
(i) The fact that the order or judgment 2) Where no hearing is held, upon the
appealed from is not appealable. (1a) filing of the last pleading required or
permitted to be filed by the court, or
Section 2. Dismissal of improper appeal to the Court the expiration of the period for its
of Appeals. — An appeal under Rule 41 taken from filing.
the Regional Trial Court to the Court of Appeals
3) Where a hearing on the merits of
raising only questions of law shall be dismissed, issues
the main case is held, upon its
purely of law not being reviewable by said court.
termination or upon the filing of the
Similarly, an appeal by notice of appeal instead of
last pleading or memorandum as
by petition for review from the appellate judgment
may be required or permitted to be
of a Regional Trial Court shall be dismissed. (n)
filed by the court, or the expiration of
An appeal erroneously taken to the Court of the period for its filing. (n)
Appeals shall not be transferred to the appropriate
court but shall be dismissed outright. (3a) Section 2. By whom rendered. — The judgment shall
be rendered by the members of the court who
Section 3. Withdrawal of appeal. — An appeal may participated in the deliberation on the merits of the
be withdrawn as of right at any time before the filing case before its assignment to a member for the
of the appellee's brief. Thereafter, the withdrawal writing of the decision. (n)
may be allowed in the discretion of the court. (4a)
Section 3. Quorum and voting in the court. — The
participation of all three Justices of a division shall be
necessary at the deliberation and the unanimous
vote of the three Justices shall be required for the
pronouncement of a judgment or final resolution. If
the three justices do not reach a unanimous vote,
the clerk shall enter the votes of the dissenting
Justices in the record. Thereafter, the Chairman of
RULE 51 the division shall refer the case, together with the
minutes of the deliberation, to the Presiding Justice
Judgment who shall designate two Justices chosen by raffle
from among all the other members of the court to sit
Section 1. When case deemed submitted for
temporarily with them, forming a special division of
judgment. — A case shall be deemed submitted for
five Justices. The participation of all the five
judgment:
members of the special division shall be necessary
for the deliberation required in section 2 of this Rule
and the concurrence of a majority of such division Section 10. Entry of judgments and final resolutions.
shall be required for the pronouncement of a — If no appeal or motion for new trial or
judgment or final resolution. (2a) reconsideration is filed within the time provided in
Section 4. Disposition of a case. — The Court of these Rules, the judgment or final resolution shall
Appeals, in the exercise of its appellate jurisdiction, forthwith be entered by the clerk in the book of
may affirm, reverse, or modify the judgment or final entries of judgments. The date when the judgment
order appealed from, and may direct a new trial or or final resolution becomes executory shall be
further proceedings to be had. (3a) deemed as the date of its entry. The record shall
contain the dispositive part of the judgment or final
Section 5. Form of decision. — Every decision or final resolution and shall be signed by the clerk, with a
resolution of the court in appealed cases shall certificate that such judgment or final resolution has
clearly and distinctly state the findings of fact and become final and executory. (2a, R36)
the conclusions of law on which it is based, which
Section 11. Execution of judgment. — Except where
may be contained in the decision or final resolution
the judgment or final order or resolution, or a portion
itself, or adopted from those set forth in the decision,
thereof, is ordered to be immediately executory, the
order, or resolution appealed from. (Sec. 40, BP Blg.
motion for its execution may only be filed in the
129) (n)
proper court after its entry.
Section 6. Harmless error. — No error in either the
In original actions in the Court of Appeals, its writ of
admission or the exclusion of evidence and no error
execution shall be accompanied by a certified true
or defect in any ruling or order or in anything done
copy of the entry of judgment or final resolution and
or omitted by the trial court or by any of the parties
addressed to any appropriate officer for its
is ground for granting a new trial or for setting aside,
enforcement.
modifying, or otherwise disturbing a judgment or
order, unless refusal to take such action appears to In appealed cases, where the motion for execution
the court inconsistent with substantial justice. The pending appeal is filed in the Court of Appeals at a
court at every stage of the proceeding must time that it is in possession of the original record or
disregard any error or defect which does not affect the record on appeal, the resolution granting such
the substantial rights of the parties. (5a) motion shall be transmitted to the lower court from
which the case originated, together with a certified
Section 7. Judgment where there are several
true copy of the judgment or final order to be
parties. — In all actions or proceedings, an
executed, with a directive for such court of origin to
appealed judgment may be affirmed as to some of
issue the proper writ for its enforcement. (n)
the appellants, and reversed as to others, and the
case shall thereafter be proceeded with, so far as
necessary, as if separate actions had been begun
and prosecuted, and execution of the judgment of RULE 52
affirmance may be had accordingly, and costs may Motion for Reconsideration
be adjudged in such cases, as the court shall deem
proper. (6) Section 1. Period for filing. — A party may file a
motion for reconsideration of a judgment or final
Section 8. Questions that may be decided. — No resolution within fifteen (15) days from notice
error which does not affect the jurisdiction over the thereof, with proof of service on the adverse party.
subject matter or the validity of the judgment (n)
appealed from or the proceedings therein will be
considered unless stated in the assignment of errors, Section 2. Second motion for reconsideration. — No
or closely related to or dependent on an assigned second motion for reconsideration of a judgment or
error and properly argued in the brief, save as the final resolution by the same party shall be
court may pass upon plain errors and clerical errors. entertained. (n)
(7a) Section 3. Resolution of motion. — In the Court of
Section 9. Promulgation and notice of judgment. — Appeals, a motion for reconsideration shall be
After the judgment or final resolution and dissenting resolved within ninety (90) days from the date when
or separate opinions, if any, are signed by the the court declares it submitted for resolution. (n)
Justices taking part, they shall be delivered for filing Section 4. Stay of execution. — The pendency of a
to the clerk who shall indicate thereon the date of motion for reconsideration filed on time and by the
promulgation and cause true copies thereof to be proper party shall stay the execution of the
served upon the parties or their counsel. (n)
judgment or final resolution sought to be business of the court; and such rules shall continue in
reconsidered unless the court, for good reasons, force until repealed or altered by the Supreme
shall otherwise direct. (n) Court. (1a)
Section 2. Quorum of the court. — A majority of the
actual members of the court shall constitute
a quorum for its sessions en banc. Three members
RULE 53 shall constitute a quorum for the sessions of a
division. The affirmative votes of the majority of the
New Trial members present shall be necessary to pass a
Section 1. Period for filing; ground. — At any time resolution of the court en banc. The affirmative
after the appeal from the lower court has been votes of three members of a division shall be
perfected and before the Court of Appeals loses necessary for the pronouncement of a judgment or
jurisdiction over the case, a party may file a motion final resolution, which shall be reached in
for a new trial on the ground of newly discovered consultation before the writing of the opinion by any
evidence which could not have been discovered member of the division. (Sec. 11, first par. of BP Blg.
prior to the trial in the court below by the exercise of 129, as amended by Sec. 6 of EO 33). (3a)
due diligence and which is of such a character as TN: Rule 55, pwede ninyo basahon, pwede ra dili.
would probably change the result. The motion shall
be accompanied by affidavits showing the facts
constituting the grounds therefor and the newly RULE 55
discovered evidence. (1a)
Publications of Judgments and Final Resolutions
Section 2. Hearing and order. — The Court of
Appeals shall consider the new evidence together Section 1. Publication. — The judgments and final
with that adduced at the trial below, and may grant resolutions of the court shall be published in the
or refuse a new trial, or may make such order, with Official Gazette and in the Reports officially
notice to both parties, as to the taking of further authorized by the court in the language in which
testimony, either orally in court, or by depositions, or they have been originally written, together with the
render such other judgment as ought to be syllabi therefor prepared by the reporter in
rendered upon such terms as it may deem just. (2a) consultation with the writers thereof. Memoranda of
all other judgments and final resolutions not so
Section 3. Resolution of motion. — In the Court of
published shall be made by the reporter and
Appeals, a motion for new trial shall be resolved
published in the Official Gazette and the authorized
within ninety (90) days from the date when the court
reports. (1a)
declares it submitted for resolution. (n)
Section 2. Preparation of opinions for publication. —
Section 4. Procedure in new trial. — Unless the court
The reporter shall prepare and publish with each
otherwise directs, the procedure in the new trial shall
reported judgment and final resolution a concise
be the same as that granted by a Regional Trial
synopsis of the facts necessary for a clear
Court. (3a)
understanding of the case, the names of counsel,
TN: Rule 54, CA pud ni. Wa ra ni. Ayaw nalang na the material and controverted points involved, the
basaha ninyo. authorities cited therein, and a syllabus which shall
be confined to points of law. (Sec. 22a, R.A. No. 296)
(n)
RULE 54 Section 3. General make-up of volumes. — The
Internal Business published decisions and final resolutions of the
Supreme Court shall be called "Philippine Reports,"
Section 1. Distribution of cases among divisions. — All while those of the Court of Appeals shall be known
the cases of the Court of Appeals shall be allotted as the "Court of Appeals Reports." Each volume
among the different divisions thereof for hearing thereof shall contain a table of the cases reported
and decision. The Court of Appeals, sitting en banc, and the cases cited in the opinions, with a complete
shall make proper orders or rules to govern the alphabetical index of the subject matters of the
allotment of cases among the different divisions, the volume. It shall consist of not less than seven
constitution of such divisions, the regular rotation of hundred pages printed upon good paper, well
Justices among them, the filing of vacancies
occurring therein, and other matters relating to the
bound and numbered consecutively in the order of (a) Failure to take the appeal within the
the volumes published. (Sec. 23a, R.A. No. 296) (n) reglementary period;
(b) Lack of merit in the petition;
Procedure In The Supreme Court (c) Failure to pay the requisite docket fee
and other lawful fees or to make a deposit
RULE 56
for costs;
A. Original Cases
(d) Failure to comply with the requirements
Section 1. Original cases cognizable. — Only regarding proof of service and contents of
petitions for certiorari, prohibition, mandamus, quo and the documents which should
warranto, habeas corpus, disciplinary proceedings accompany the petition;
against members of the judiciary and attorneys, and (e) Failure to comply with any circular,
cases affecting ambassadors, other public ministers directive or order of the Supreme Court
and consuls may be filed originally in the Supreme without justifiable cause;
Court. (n)
(f) Error in the choice or mode of appeal;
Section 2. Rules applicable. — The procedure in and
original cases for certiorari,
prohibition, mandamus, quo warranto and habeas (g) The fact that the case is not appealable
corpus shall be in accordance with the applicable to the Supreme Court. (n)
provisions of the Constitution, laws, and Rules 46, 48,
49, 51, 52 and this Rule, subject to the following Section 6. Disposition of improper appeal. — Except
as provided in section 3, Rule 122 regarding appeals
provisions:
in criminal cases where the penalty imposed is
a) All references in said Rules to the Court of death, reclusion perpetua or life imprisonment, an
Appeals shall be understood to also apply to appeal taken to the Supreme Court by notice of
the Supreme Court; appeal shall be dismissed.
b) The portions of said Rules dealing strictly An appeal by certiorari taken to the Supreme Court
with and specifically intended for appealed from the Regional Trial Court submitting issues of fact
cases in the Court of Appeals shall not be may be referred to the Court of Appeals for decision
applicable; and or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are
c) Eighteen (18) clearly legible copies of the involved shall be final. (n)
petition shall be filed, together with proof of
service on all adverse parties. Section 7. Procedure if opinion is equally divided. —
Where the court en banc is equally divided in
The proceedings for disciplinary action against opinion, or the necessary majority cannot be had,
members of the judiciary shall be governed by the the case shall again be deliberated on, and if after
laws and Rules prescribed therefor, and those such deliberation no decision is reached, the
against attorneys by Rules 139-B, as amended. (n) original action commenced in the court shall be
dismissed, in appealed cases, the judgment or order
B. Appealed Cases
appealed from shall stand affirmed; and on all
Section 3. Mode of appeal. — An appeal to the incidental matters, the petition or motion shall be
Supreme Court may be taken only by a petition for denied.
review on certiorari, except in criminal cases where
TN: Humana ta ani when we discuss Rule 45.
the penalty imposed is death, reclusion perpetua or
life imprisonment. (n)
Section 4. Procedure. — The appeal shall be The procedure in the SC for original cases and
governed by and disposed of in accordance with appealed cases.
the applicable provisions of the Constitution, laws,
Rules 45, 48, sections 1, 2, and 5 to 11 of Rule 51, 52
and this Rule. (n) Take note Section 5 grounds for dismissal of appeal
because these are the ‘technical grounds’ for the
Section 5. Grounds for dismissal of appeal. — The
dismissal of appeal in the SC.
appeal may be dismissed motu proprio or on motion
of the respondent on the following grounds:
One of which is failure to take appeal within in the Be sure to remember:

reglementary period; error in the choice or mode of
 What are the remedies from the aggrieved party
appeal; etc.
regarding default before the decision is
rendered.
Hinumdomi ng mode of appeal. - Unsa may available niya kung wala pay
decision.
- Unsa may available sa aggrieved party kung
Mode of appeal from the decision of the RTC
duna nay decision pero ang decision wala
rendered in the exercise of its appellate jurisdiction,
pa mahimong final and executory.
and the aggrieved party would like only to raise pure
question of law.  Motion for New Trial
 Motion for Reconsideration
Mu diretso gani ka sa SC kay nagtuo ka ang SC ang  Appeal
maoy naay jurisdiction ana, TIKANGKANG. (lol)
- Kinahanglan kabaw ka mo explain ana.
- Mere enumeration will not give you credit.
The mode of appeal is Petition for Review in the CA Always explain. Labi an gyud kung naay gibutang
because the decision is rendered by the RTC in the dira explain.
exercise of its appellate jurisdiction.
Timan-e ha, mga Post-Judgment Remedies. Duha

Ang pwede mo adto sa SC diretso kay kato rang sa ka klase ang post-judgment.
decision or final order rendered in the exercise of its
original jurisdiction and the aggrieved party raises
only pure question of law. Mu ingon gani tag post-judgment, sa atu pa, after
the decision is rendered.
ASIDE from Petition for Relief from Judgment and
Petition for Annulment of Judgment, duna pay ika 3
na post judgment remedy nga can be availed even
You have to categorized:
if the decision has become final and executory. Naa
pay usa. 1. Post Judgment Before the judgment has
become final and executory; and
And that is Petition for Certiorari.
2. After the judgment has become final and
So kanang void judgment, kung final and executory
executory.
na gani ang decision, meaning beyond the 15-day
period, pwede na Petition for Certiorari basta wala
pa mo lapas 60 days.
E-apil ninyo ha, Petition for Certiorari. Ato ni idiscuss
Pero mi lapas na ug 60 days, Annulment of later on. Basta duna moy idea unsa ng Petition for
Judgment. Certiorari. It should be filed within 60 days from
notice of the assailed decision or order, or from the
denial of the Motion for Reconsideration.
Asa maning Petition for Certiorari?
Tua sa Rule 65.
---- end of topic -----
In other words, there are 3 Post-Judgment Remedies

when the decision has already become final and
executory.
1. Petition for Relief from Judgment;
2. Petition for Annulment of Judgment; and
3. Petition for Certiorari

PROVISIONAL REMEDY property which shall then be held by the

sheriff.
What is provisional remedy?
- Ang inyung huna huna-on sa PA, dunay kaso
- Prov rem or relief- is a writ and process that is
unya ang Plaintiff ng think na mudaog cya
available during the pendency of the
and if mu daug cya possible na wa cyay
action. A litigant may avail of prov rem to
makuha sa Defendant kay may pagka
preserve certain rights and interest pending
tikasan so unsa iya buhaton?
issuance of the final judgment of the case.
- Iyang ipakuha daan ang properties sa D kay
Why called provisional?
bcin I pang dispose nya. Samtang pending
- Because it is a temporary measure availed of ang kaso possible I dispose ang property
during the pendency of the action arun di ma hilabtan sa P. So moo na ng file
sa kaso mg pa issue ug writ of PA. Kanang
- Ancillary- mere incident and is dependent of
property sa defendant ipa deposit sa court,
the result of the main action GMA network
ipa hold or ipa put under custodial legis so
Inc vs NTC Feb 3 2016
that if mudaug cya naa ra ang prop sa
What are the prov rem provided by the ROC? custody sa court. Moo na tuy kuhaon nya if
maka daog cya.
5 provisional remedy
Levy- birahon
1. PA
- This property will serve as security for the
2. PI
satisfaction of judgement that the court may
3. Receivership render in favor of the attaching party.
Tsunishi heavy industry Inc. vs MID maritime
4. Replevin
Inc. april 4 2018
5. Support pendente lite
The provisional remedy of attachment is available in
Remember that enumeration of prov rem provided order that the defendant may not dispose of his
by the ROC are not exclusive. property attached, and thus secure the satisfaction
What are the others? of any judgment that may be secured by plaintiff
from defendant. The purpose and function of an
 VAWC – the court may issue TPO attachment or garnishment is two-fold. First, it seizes
 rule writ of amparo – that rule provides for upon property of an alleged debtor in advance of
prov rem TPO, IO, PO, witness protection final judgment and holds it subject to appropriation
order thus preventing the loss or dissipation of the property
by fraud or otherwise, Second, it subjects .to the
What court has the power to issue or grant the prov payment of a creditor's claim property of the debtor
rem? in those cases where personal service cannot be
- any court may issue or grant a prov rem obtained upon the debtor. Lorenzo Shipping Corp vs
provided it has the jurisdiction or the main Villarin march 6 2019
case is pending in that court. IOW in PA, certain personal and real prop of the
Ang MTC maka issue ug PA or PI? defendant or 3rd party defendant will be placed in
the custody of the court to serve as security for the
- Yes provided the main case is pending in the satisfaction of J in favor of the attaching party so
MTC that the D will not dispose the prop pending the
Ex: Forcible entry – MTC ang nay Jurisdiction unya case.
ang plaintiff nag ask ug PI pede maka issue ang Purpose: Put the property under custodia legis so
MTC? that it will served for the satisfaction of the judgment
- Yes because the main case is pending in the that the court may render in favor of the attaching
court. party.
What is PA? 2 purpose of PA:
- is a prov rem issued by a court where an  To seize the property of the debtor in
action is pending. It allows the levy of the advance of final judgment and to hold it for
purposes of satisfying said judgment, as in

the grounds stated in paragraphs (a) to (e) Collection of sum of money is action in personam. Di
of Section 1, Rule 57 of the Rules of Court; or na pede makiha because there is no way to serve
summons to him but dunay paagi na maka acquire
 To acquire jurisdiction over the action by
ang court ug jurisdiction over the case.
actual or constructive seizure of the property
in those instances where personal or - transform the action in personam to quasi in
substituted service of summons on the rem
defendant cannot be effected, as in
P filed collection case against D amount of 1M. D is
paragraph (f) of the same provision.
not residing in the Phils, and cannot be found in the
Remember service of summons rule 14, summons sa Phils. Unsaon pamaagi buhaton arun ang action
defendant mana. Ang defendant pede makit-an purely in personam ma convert into quasi in rem?
way problem but if di makit-an pede publication in
- the plaintiff will have to file a motion for the
rem, quasi in rem or in personam provided the
issuance of PA, if the defendant has a
defendant is residing in Philippines but his
property in the phils whether real or personal
whereabouts is unknown.
property, the plaintiff may file a motion or
What if ang defendant not residing in the Philippines include in his prayer an application for the
and at the same time cannot be found in the issuance of the writ of PA.
Philippines.
Unsay gamit nya?
Ex: Filipino cya but American citizen na toa ng puyo
- Once the property of the defendant would
sa America unsaon pg serve ug summons?
be attached the action would automatically
- pede ma serve through extraterritorial transform into action quasi in rem. In quasi in
service of summons if the case is in rem or rem acquiring jurisdiciton over the plaintiff of
quasi in rem. It would affect the status of the the defendant would no longer be
Plaintiff ex: annulment of marriage pede ra necessary but need gihapon ug service of
ang foreigner toa sa abroad I publish rna. summons in compliance with requirement of
Ang pg publish isa sa extra-territorial mode of due process, serve summons thru
service of summons. publication.
Action quasi in rem- meaning the case involves Purpose:
property of the defendant. If the action is in rem or
The purposes of preliminary attachment are:
quasi in rem acquiring jurisdiction over the plaintiff of
the defendant is not required for the court to (1) to seize the property of the debtor in
acquire jurisdiction as long as the court has advance of final judgment and to hold it for
jurisdiction over the property however service of purposes of satisfying said judgment, as in
summons is still required in compliance with due the grounds stated in paragraphs (a) to (e)
process. of Section 1, Rule 57 of the Rules of Court; or
Considering that in action in rem and quasi in rem (2) to acquire jurisdiction over the action by
acquiring jurisdiction over the plaintiff of the actual or constructive seizure of the property
defendant is not necessary although service of in those instances where personal or
summons is still required in compliance with due substituted service of summons on the
process that is why pede ang service by publication. defendant cannot be effected, as in
Ang problem if the ACTION is purely action in paragraph (f) of the same provision. PCIB v
personam. Alejandro sept 21 2007
What is action in personam? PA should be resorted to only when necessary and
as a last remedy because it exposes the debtor to
- Decision would be binding only between the
humiliation and annoyance.11 It must be granted
parties. Imposes personal liability ngadto sa
only on concrete and specific grounds and not
defendant. Need ang court maka acquire
merely on general averments quoting the words of
og jurisdiction over the plaintiff of the
the rules.12 Since attachment is harsh, extraordinary,
defendant.
and summary in nature, 13 the rules on the
Ex: collection of sum of money. Imo neighbor application of a writ of attachment must be strictly
nangutang nmo ug 1M but nilarga ug abroad toa construed in favor of the defendant. Watercraft
ng puyo na., unsaon nmo pg kiha? Venture Corporation vs Wolfe sept 9 2015

TN: Available rani sa gi-mention sa sec 1 ang PA. Garnishment- that is a mode of acquiring
Exclusive sa sec 1 custody over incorporeal or intangible
properties such as bank accounts.
Question:
Who may avail of these provisional remedy of PA?
-------------B R E A K--------------
- The plaintiff or any proper party pede ba
defendant?
- Yes as regards in his counter claim or cross Provisional Remedies
claim as well as 3rd party plaintiff
RULE 57
When may the plaintiff or any proper party apply for
Preliminary Attachment
the issuance of PA?
- At the commencement of the action or Section 1. Grounds upon which attachment may
issue. — At the commencement of the action or at
- at any time before entry of judgment any time before entry of judgment, a plaintiff or any
What is the reason na ang plaintiff mangau sa court proper party may have the property of the adverse
ug issuance ug PA? party attached as security for the satisfaction of any
judgment that may be recovered in the following
- Nahadlok cya na ang defendant I dispose cases:
iya property if makabalo cya na naay kaso
gi file against nya. So need na by surprise I (a) In an action for the recovery of a
PA ang property sa defendant. specified amount of money or damages,
other than moral and exemplary, on a
- Usually: Ang plaintiff mu apply for issuance of cause of action arising from law,
PA together with the filing of the complaint. contract, quasi-contract, delict or quasi-
If that is the case, ang complaint mu alleged delict against a party who is about to
sa grounds sa PA in order to convince the depart from the Philippines with intent to
court to issue PA. defraud his creditors;
Just in case wa nya maapil sap g file ug kaso, during
the pendency of the case pede makahangyo sa
court for issuance of PA? Damages- refers or actual damages other
than moral and exemplary damages
- Yes by filing motion
Preliminary Attachment- is not available to
What about if the court rendered jurisdiction
unliquidated damages such as moral and
already?
exemplary damages.
- Yes as long as the jurisdiction is not yet final
Applicable only to liquidate or when the
and executory
amount is certain
Remember: entry of judgement? The case is final
Ex: action for recovery of specified amount of
and executory upon entry of judgment
money or damages- refer to specified amount of
What if there is entry of judgment already maka- money or framers on a cause of action arising from
issue paba ug PA? Law, Contract ,Quasi-Contract, Delict, Quasi-Delict.
Against a party who is about to depart from the
- No more
Philippines.
Pede ka issue ug writ but writ of execution na ang
Ex: contract
tawag.
Duna bay contract na dunay specific amount of
Preliminary Attachment- provisional remedy
money involved?
which is issued upon the filing of the case in
court or before entry of judgment. - Yes contract of loan or sale
Final attachment- A writ of execution issued Ang defendant wa maka pay sa contract of loan,
by the court after the decision has become possible na mangau ug Preliminary Attachement
final and executory. ang plaintiff provided ang other elements naa.
Contract of sale:

- Ang ng buy wa kabayad he is about to depart from the Phils AND with intent
to defraud his creditors.
Delict:
- Civil liability arising from the commission of (b) In an action for money or property
the crime other than moral or exemplary embezzled or fraudulently misapplied or
damages converted to his own use by a public
officer, or an officer of a corporation, or
Quasi-delict: an attorney, factor, broker, agent, or
- Example base on torts, ng drive nakaligis clerk, in the course of his employment as
ang nakaligsan nakagasto sa hospital such, or by any other person in a
specific baa ng damages ana? fiduciary capacity, or for a willful
violation of duty;
- Yes
Can this prov rem be availed in crim cases?
Ex: Defendant obtain a loan from Plaintiff amount of
1M, Plaintiff filed a case for collection of sum of - Yes. In letter B the main case here could be
money for the amount of 1M after Defendant failed crim case like estafa or malversation
to pay despite demands and after the filing of the
case Plaintiff learns that Defendant was about to
depart to the Philippine so he files PA. Is the motion (c) In an action to recover the possession of
meritorious? property unjustly or fraudulently taken,
detained or converted, when the
- NO, there is another requirement, the mere property, or any part thereof, has been
fact that the Defendant is about to depart concealed, removed, or disposed of to
for Philippine is not sufficient ground for the prevent its being found or taken by the
issuance of the PA it must be coupled with applicant or an authorized person;
intend to defraud his creditors.
The principal case here could be recovery of
- There must be certain indications that the
ownership of property. And the defendant has
Plaintiff who is about to depart from the
fraudulently taken or detained, concealed or
Philippines has the intention to defraud his
removed disposed of to prevent its being found or
creditors.
taken said property.
Ex: No definite date of returning, he started to
dispose his properties- these could be indications (d) In an action against a party who has
that the defendant who is about to depart from the been guilty of a fraud in contracting the
Philippines has the intention to defraud his creditors. debt or incurring the obligation upon
which the action is brought, or in the
- Departure alone is not sufficient ground to performance thereof;
issue with of Preliminary Injunction.
Fave!
The main case here kay gni ganing Preliminary
Attachment ancillary ra man ni, this presupposes Ex: ang D nag buy ug laptop nya ang gibayad
that there is a main case. The main case here could bouncing check. Pede ba mukiha ug collection of
be collection of sum of money or damages wherein sum of money ang seller?
the amount is liquidated or specific. - Yes, pede and pede sad mukiha ug crim
Di available sa moral ug exemplary damages. case
Kaning class sa damages are called unliquidated If civ case for collection of sum of money iya gi
damages, the amount is not specified, mg depend choose pede ba mu file ug PA?
ras claim or ihatag sa court. Di prehas sa liquidated
na naay specific amount like contract of loan. - Yes a party who has been guilty of a fraud in
contracting the debt or incurring the
Ex: The Defendant is a foreigner, and that the obligation upon which the action is brought.
foreigner is about to depart from the Philippines. She
is going to visit his family in his country, would that be - There must be specific acts indicating that
sufficient ground to use. there is fraud. Di lng kay muingon na guilty of
fraud. Acts must be specified constituting
KO glass construction co, inc vs ______116 scra 563 fraud.
the mere fact that the defendant is a foreigner is not
sufficient ground to issue PA, it must be alleged that
Ex: obtained a loan from the bank he pretended to The mere fact that the debtor failed to pay his
be government employee where in fact he is not so obligation is not a ground for the issuance of PA.
naka obtain cya ug loan kay ngpakita cya ug
Ex: A obtain a loan form P amount 1M payable 1 yr
falsified documents, what if ang bank mu file ug
when due date came D fail to pay his loan despite
collection of sum of money pede ba maka file sad
demands. P filed a collection case with issuance of
ang bank ug PA?
PA against D. P argued that D is already insolvent.
- Yes guilty of fraud in contracting a debt. Should the court grant the PA?
What specific acts that constitute fraud? - No, mere failure on the part of the debtor or
obligor to pay his obligation that alone is not
- Falsifying documents and pretending that
sufficient ground for the issuance of PA. It
he is government employee in order that he
must be shown that he has intention to
can obtain a loan.
depart from the Phils with intent to defraud
Ex: he obtain a loan, when the due date came for his creditors o he is guilty of fraud in obtaining
him to pay his loan, he did not commit any his obligation or in the performance of his
fraudulent act in obtaining a loan, now his loan is obligation.
due and plaintiff is demanding payment. In order to
pay his loan, the defendant issued a check in order
to pay his loan. But the check bounce it was (e) In an action against a party who has
dishonored by the bank so the plaintiff filed (instead removed or disposed of his property, or is
of filing crim case BP 22 ) opted civil case for about to do so, with intent to defraud his
collection of sum of money. Pede cya ka file ug PA? creditors; or
- Yes because he committed fraud in the - Iya nang gi dispose and with intent to
performance of his obligation to pay. defraud his creditors.
Watercraft venture corp vs wolfe sept 9 2015 read!
SC: to constitute a ground for attachment under p B (f) In an action against a party who does
sec 1 it must be shown that the debtor in contracting not reside and is not found in the
a debt or incurring obligation – intent to defraud. . Philippines, or on whom summons may
In Liberty Insurance Corporation v. Court of be served by publication.
Appeals the Court explained that to constitute a
ground for attachment in Section 1(d), Rule 57 of the
Rules of Court, it must be shown that the debtor in - PA is used to acquire jurisdiction over the
contracting the debt or incurring the obligation case if there is difficulty in serving summons.
intended to defraud the creditor.
- Purpose: convert the case from purely in
A debt is fraudulently contracted if at the time of personam to quasi in rem. Summons can be
contracting it, the debtor has a preconceived plan served thru publication already in
or intention not to pay. "The fraud must relate to the compliance with Due Process.
execution of the agreement and must have been
Under F, intent to defraud is not required bec the
the reason which induced the other party into giving
purpose is to acquire jurisdiction over the case.
consent which he would not have otherwise given.
Copy paste 2 purpose of PA! (refer above)
Fraudulent intent is not a physical entity, but a
condition of the mind beyond the reach of the The primary purpose of PA is to have security for the
senses, usually kept secret, very unlikely to be satisfaction of favorable judgment that may be
confessed, and therefore, can only be proved by obtained later. So that if the obligation of the
unguarded expressions, conduct and defendant is already secured by REM, PA is not
circumstances.27 Thus, the applicant for a writ of anymore available. Kay secured na man cya- if di
preliminary attachment must sufficiently show the makapay – foreclose ang property.
factual circumstances of the alleged fraud because
One case, ang D ng pamake ug barko sa tsunishi
fraudulent intent cannot be inferred from the
nya wa mn kabayad sa ilang agreement if di
debtor's mere non-payment of the debt or failure to
makabayad ang barko pede ibaligya nya ang halin
comply with his obligation.
ibayad sa tsunihsi (maritime lein). Tsunishi mi-file ug
kaso for the collection of the payment and asked or

the issuance of PA. necessary ba? Duna bay ground incorporeal property of the defendant such
ang pg issue sa PA? as bank deposits, shares of stocks and those
debts owing to him from a 3rd person which
- There is no need for the issuance of PA bec
is a stranger form a litigation.
there is maritime lien already in the contract.
a maritime lien exists in accordance with the
provision of the Ship Mortgage Decree. It is
Possible ang D dunay collectibles gikan sa
enforced by filing a proceeding in court.
lain person pede ma garnish. Garnishment
When a maritime lien exists, this means that
does not involve the actual seizure of the
the party in whose favor the lien was
property which remains in the hands of the
established may ask the court to enforce
garnishee.
it by ordering the sale of the subject property
and using the proceeds to settle the Ang D dunay bank deposits –di withdrawhon
obligation. pugngan ratu, the court will issue
garnishment or Preliminary Attachment,
- An attachment proceeding is for the
directing the bank not to allow withdrawals.
purpose of creating a lien on the property to
Gi hold- no withdrawal.
serve as security for the payment of the
creditors' claim. Hence, where a lien already Q: When can the court issue writ of PA?
exists, as in this case a maritime lien, the
- The court can issue PA upon the filing the
same is already equivalent to an
case in court even before the issuance of
attachment.
summons or service of summons.
- To be clear, we repeat that when a lien
TN: ask in the bar many times!
already exists, this is already equivalent to an
attachment. This is where Tsuneishi's In the issuance of PA, there are 3 stages:
argument fails. Clearly, because it claims a
1. The issuance of the order granting the
maritime lien in accordance with the Ship
application or motion to issue PA.
Mortgage Decree, all Tsuneishi had to do is
to file a proper action in court for its The applicant files his complaint and he
enforcement. The issuance of a writ of incorporated a prayer for the issuance of PA
preliminary attachment on the pretext that it or if not he files a motion for issuance of PA,
is the only means to enforce a maritime lien the first step would be granting if the court
is superfluous. The reason that the Ship finds the motion meritorious. Grant the order
Mortgage Decree does not provide for a but not yet the writ.
detailed procedure for the enforcement of
“Finding merit on the plaintiff motion for the
a maritime lien is because it is not necessary.
issuance of the PA the court hereby grants
Section 21 already provides for the simple
the same accordingly let the writ of PA issue
procedure—file an action in rem before the
in this case against the defendant”
court. G.R. No. 193572, April 04, 2018 -
TSUNEISHI HEAVY INDUSTRIES (CEBU), INC., v.
MIS MARITIME CORPORATION 2. The issuance of the writ itself by the COC.
Usually sa court naay pro forma na fill upon for
- Insolvency of the defendant debtor is not a writ, ang mu fill up ang COC.
ground of the issuance of PA. Aboitiz vs  Knsay mu grant? Judge
provincial sheriff June 17 1981
 Knsay mu issue? COC
 PA – issued at the commencement of an
action or anytime before entry of judgment  Knsay mu enforce? Sherriff
served as security for the satisfaction of The issuance of the order by the court granting
judgment. the motion can be done ex parte – without
 Final attachment/ levy on execution – writ informing the defendant.
issued where the prop of the D is taken after The issuance of the writ itself can be issue ex
the Judgment becomes F and E. parte
 Garnishment- is a kind of attachment in
which the P reaches the credits or
However, with regards to the enforcement, the implement the writ of attachment upon his person.
sheriff in enforcing the writ must The preliminary writ of attachment must be served
contemporaneously or preceded- serve the after or simultaneous with the service of summons on
defendant with summons. Mangila vs CA aug 12 the defendant whether by personal service,
2002 / torres vs satsatin nov 25 2009 substituted service or by publication as warranted
by the circumstances of the case. The subsequent
Unsay mahitabo if ang writ lng ng I serve way
service of summons does not confer a retroactive
summons?
acquisition of jurisdiction over her person because
Enforcement of the writ would be void even if the law does not allow for retroactivity of a belated
later on the summons is serve on the defendant. service because the law does not allow of
retroactivity of belated service. Torres vs Satsatin
3. Implementation of the writ of attachment
G.R. No. 166759 November 25, 2009
Ang enforcement of the writ would be void so ipang
According to the SC in the case of mangila v CA, uli tung mga properties na gipangkuha.
the grant of prov rem of PA involves 3 stages
Implementation of the writ of attachment without
specifically:
the required jurisdiction over the person of the
1. the issuance of the order defendant is null and void. BAC manufacturing sons
granting the application inc vs CA 200 scra 130
2. the issuance of the writ of PA Section 2. Issuance and contents of order. — An
3. Implementation of the writ. order of attachment may be issued either ex
parte or upon motion with notice and hearing by
The grant of the provisional remedy of attachment the court in which the action is pending, or by the
involves three stages: Court of Appeals or the Supreme Court, and must
1. The court issues the order granting the require the sheriff of the court to attach so much of
application; the property in the Philippines of the party against
whom it is issued, not exempt from execution, as
2. The writ of attachment issues pursuant to the may be sufficient to satisfy the applicant's demand,
order granting the writ; and unless such party makes deposit or gives a bond as
hereinafter provided in an amount equal to that
3. The writ is implemented.
fixed in the order, which may be the amount
For the initial two stages, it is not necessary that sufficient to satisfy the applicant's demand or the
jurisdiction over the person of the defendant be first value of the property to be attached as stated by
obtained. However, once the implementation of the applicant, exclusive of costs. Several writs may
the writ commences, the court must have acquired be issued at the same time to the sheriffs of the
jurisdiction over the defendant for without such courts of different judicial regions.
jurisdiction, the court has no power and authority to
act in any manner against the defendant. Any order If u were the counsel for the D what would be your
issuing from the Court will not bind the remedy so that writ of PA would not be executed or
defendant. Mangila vs CA G.R. No. 125027. August executed na the prop would be returned.
12, 2002 Ex: gikuha sa sheriff kay car nya naanad ka mg car
The issuance of the order and the issuance of the mg wonder imong neighbor
writ could be done ex parte however with regards 1. Made cash deposit equivalent ot the
to the enforcement of the writ it must be couple with amount of the claim to be deposited in the
or must be preceded (if di ubanan unhan) service court.
of summons otherwise the enforcement of the writ
would be void. If ang claim 1M then ng deposit kag 1M pod
Moreover, in provisional remedies, particularly that

of preliminary attachment, the distinction between 2. Files a counter bond
the issuance and the implementation of the writ of
attachment is of utmost importance to the validity One of the requirements before the issuance
of the writ. The distinction is indispensably necessary of the PA would be the filing of the bond
to determine when jurisdiction over the person of the (attaching bond) by the plaintiff.
defendant should be acquired in order to validly
Purpose: The attaching bond would answer any - I allege sa motion or complaint + affidavit
damages that defendant would answer
2. Bond
Ex: mapildi ang P ang attaching bond mooy
Affidavit and Bond (Basic na requirement)
ibayad sa damages na ma suffer sa
defendant Sec 1 to 3 tells us the requirement for the issuance of
writ of PA
Counter bond- defendant –serve as security to the
payment of favorable judgment that the court may Requisites for the issuance of PA: (summary)
render in favor of the P.
1. Case must be any of those grounds where
Attaching bond- plaintiff PA is proper, that is under sec 1
Remedy sa defendant: 2. Applicant must be filed a motion or
incorporate it in his verified complaint (need
1. Cash deposit
ang complaint –verified)
2. Post counterbond
3. The applicant must show in the affidavit that
In the amount equivalent to the Plaintiff’s there is no sufficient security for the claim
claim or equivalent to the property attached sought ot be enforced and the amount
claim in the action is as much as the sum of
Adto I deposit sa court, nganu di mn I dtso sa
which the order is granted above all
plaintiff? Why need I deposit sa court?
counterclaim if any.
- iya mn gi contest ang right sa plaintiff to
4. The applicant must post a bond executed in
collect.
favor of the adverse party carlos vs
Section 3. Affidavit and bond required. — An order Sandoval
of attachment shall be granted only when it The attachment bond must be posted by the
appears by the affidavit of the applicant, or of some plaintiff before the issuance of the writ itself and the
other person who personally knows the facts, affidavit stating the ground of the attachment must
- that a sufficient cause of action exists, be attached to the complaint with prayer of PA or
in the motion for PA.
- that the case is one of those mentioned in
section 1 hereof, Section 4. Condition of applicant's bond. — The
party applying for the order must thereafter give a
- that there is no other sufficient security for the bond executed to the adverse party in the amount
claim sought to be enforced by the action, fixed by the court in its order granting the issuance
and of the writ, conditioned that the latter will pay all the
- that the amount due to the applicant, costs which may be adjudged to the adverse party
and all damages which he may sustain by reason of
- or the value of the property the possession of the attachment, if the court shall finally adjudge that
which he is entitled to recover, is as much as the applicant was not entitled thereto.
the sum for which the order is granted above
all legal counterclaims. - About the condition of the bond –
ATTACHMENT BOND
The affidavit, and the bond required by the next
succeeding section, must be duly filed with the court - Purpose of which is to answer whatever
before the order issues. (3a) damages that the defendant may suffer by
reason of the issuance of the writ of PA.
B4 the writ itself would be issued by the COC, the 2
- After trail it is found out that the P is not
requirements must be present:
entitled to his claim or for the issuance of the
1. Affidavit –which should be attached to the erti then the AB would answer for any
motion or complaint damages that the defendant would suffer.
- If i-incorporate sa complaint, the affidavit Section 5. Manner of attaching property. — The
must be attached sheriff enforcing the writ shall without delay and with
Unsay isuwat sa affidavit? all reasonable diligence attach, to await judgment
and execution in the action, only so much of the
- grounds for the issuance of the PA property in the Philippines of the party against whom

the writ is issued, not exempt from execution, as may December 13, 2021
be sufficient to satisfy the applicant's demand,
Provisional Remedies
unless the former makes a deposit with the court
from which the writ is issued, or gives a counter-bond RULE 57
executed to the applicant, in an amount equal to
Preliminary Attachment
the bond fixed by the court in the order of
attachment or to the value of the property to be PA-is a prov rem- by virtue of which the Plaintiff or
attached, exclusive of costs. other proper party. It is not only available to the
plaintiff although usually ang plaintiff mooy mo avail
No levy on attachment pursuant to the writ issued
ani. Not exclusive to plaintiff only, available sa lain
under section 2 hereof shall be enforced unless it is
party such as cross claim, defendant’s counterclaim
preceded, or contemporaneously accompanied,
or defendant in 3rd party complaint. It can be
by service of summons, together with a copy of the
availed of at the commencement of the action-
complaint, the application for attachment the
upon the filing of the case in court. Unsaon pg apply
applicant's affidavit and bond, and the order and
usual ana i- incorporate ang complaint or mg file ug
writ of attachment, on the defendant within the
motion.
Philippines.
At the commencement of the action or anytime
The requirement of prior or contemporaneous
thereafter have the personal or real prop of the
service of summons shall not apply where the
adverse party taken in the custody of the court as
summons could not be served personally or by
satisfaction of any judgment might be secured by
substituted service despite diligent efforts, or the
their attaching party against AP.
defendant is a resident of the Philippines temporarily
absent therefrom, or the defendant is a non-resident What is the purpose of Preliminary Attachment (PA)?
of the Philippines, or the action is one in rem or quasi
- have personal or real prop of the adverse
in rem.
party taken in the custody of the court as
- Manner of attaching the property. satisfaction of the judgment that may be
recovered.
Unsay mahitabo if not preceded or
contemporaneously served with service of - Can be issued by any court –including first
summons? level courts where the main case is pending.
- Enforcement would be void. mangila case - PA is only ancillary to the main case
- However this requirement of prior and The property is already secured:

contemporaneous service of summons shall Ex: real estate mortgage –
not apply where the summons could not be
served personally or by substituted service - PA is not available if the obligation is secured
despite diligent efforts, or the defendant is a already
resident of the Philippines temporarily absent - Or the plaintiff has a lien on the property of
therefrom, or the defendant is a non-resident the defendant
of the Philippines, or the action is one in rem
or quasi in rem. Remember: tsunishi case (refer to previous notes)
- If secured gni ang maong obligation- PA is
not available
PA being ancillary or adjunct to the main suit

it has no independent existence apart from
the main case.
- If ma dismiss ang main case, necessarily the
PA is also dissolved. UAM Mara Phil Corp vs
Ng Wee Oct 14 2020
Moreover, jurisprudence has held that a writ of
preliminary attachment is only a provisional remedy
issued upon order of the court where an action is

pending; it is an ancillary remedy. Attachment is What are the requisite for issuance of writ of PA?
only adjunct to the main suit. Therefore, it can have
Sec 1, 3 and 4 summary
no independent existence apart from a suit on a
claim of the plaintiff against the defendant. 1. The plaintiff or any proper party must include
in his complaint an issuance of PA or file a
In other words, an attachment or garnishment is
issuance of such writ anytime before entry of
generally ancillary to, and dependent on, a
Judgment.
principal proceeding, either at law or in equity,
which has for its purpose a determination of the
justice of a creditor's demand. Any relief against
- Can be applied bisan naa nay decision
such attachment could be disposed of only in that
basta wa pay entry of judgment.
case. Yu vs Miranda march 27 2019
- It cannot be issued motu proprio but it can
The PA has two purposes:
be granted ex parte upon motion
 To seize the property of the debtor in
Motu Proprio- bsan way muhanyo nga party
advance of final judgment and to hold it for
purposes of satisfying said judgment, as in - Ex Parte-naay muhangyo pero di
the grounds stated in paragraphs (a) to (e) pahibawon ang pikas – I grant cyan a wa
of Section 1, Rule 57 of the Rules of Court; or ma inform ang pikas
 To acquire jurisdiction over the action by Motu Proprio could be Ex Parte but Ex Parte
actual or constructive seizure of the property cannot be Motu Proprio
in those instances where personal or
a. There must be an application for PA or
substituted service of summons on the
motion for PA
defendant cannot be effected, as in
paragraph (f) of the same provision.
2. The case can only be granted according to
sec 1 rule 57
- PA pede ma use in order for the court to
acquire jurisdiction over the case. In PA is not available in all cases it is only available
instances wherein personal or sub service of in those mentioned in rule 57 sec 1
summons on the defendant cannot be
3. Indicating the sufficient cause of action exist
effected.
Remember: action in personam- required that
the court can acquire jurisdiction over the - Need naay I attached na affidavit sa
person of the defendant especially if the applicant sa motion
defendant is residing abroad so if residing - Importante ang affidavit bec without
abroad it is impossible to the court to acquire affidavit attached to the motion or
jurisdciction over the person. So unsaon mana application – it will be denied
run?
Unsay isuwat sa affidavit?
Ang buhaton sa plaintiff is to find properties of
the defendant located in the Philippines and sec 3 rule 57
thereafter file PA to have property attached and a. a sufficient cause of action exists, that the
once it is attached the case is converted to case is one of those mentioned in section 1
action to quasi in rem. There is still a need to hereof,
served summons but the purpose is no longer to
acquire jurisdiction but in compliance with DP, b. that there is no other sufficient security for the
summons thru publication could be effected claim sought to be enforced by the action,
already. Phil Commercial International Bank vs c. that the amount due to the applicant, or the
Alejandro Sept 21 2007/ excellent quality value of the property the possession of which
apparel July 1 2015 he is entitled to recover, is as much as the
Who can avail PA? sum for which the order is granted above all
legal counterclaims.
- Plaintiff or any proper party

4. The applicant must post an attaching bond - NO, insolvency is not a ground for
executed in favor of the adverse party in the attachment, especially when defendant has
amount fix by the court. not been shown to have committed any act
intended to defraud its creditors. Max
- dunay application or motion if granted
Chamorro and co. vs Phil ready mix
didto sa order granting the application or
concrete may 14 1954/ ko glass construction
the motion for the issuance of the writ the
co inc v Valenzuela sept 11 1982
court shall state the amount of the
attachment bond to be posted by the
attaching party.
(b) In an action for money or property
What is the purpose of the Attaching Bond? embezzled or fraudulently misapplied or
converted to his own use by a public
- is to answer all the cost and damages that
officer, or an officer of a corporation, or
the adverse party may sustain or suffer by
an attorney, factor, broker, agent, or
reason of the issuance of the writ If the court
clerk, in the course of his employment as
finally rules that the applicant is not entitled
such, or by any other person in a
to the writ (sec 4)
fiduciary capacity, or for a willful
violation of duty;
Affidavit and bond- 3rd and 4th requisite – B and c related ra
PINAKA IMPORTANT!!
(c) In an action to recover the possession of
- In PA, PI, replevin –affidavit and bond property unjustly or fraudulently taken,
primary requisite jud na duha detained or converted, when the
property, or any part thereof, has been
- Grounds or cases upon which PA may be
concealed, removed, or disposed of to
issued –sec 1 rule 57
prevent its being found or taken by the
Section 1. Grounds upon which attachment may applicant or an authorized person;
What case for example na possible nga I file sa usa
any time before entry of judgment, a plaintiff or any
ka public funds na naka misappropriate og pubic
proper party may have the property of the adverse
funds?
party attached as security for the satisfaction of any
judgment that may be recovered in the following - Malversation or plunder
cases:
- Even if the accused is not about to depart
(a) In an action for the recovery of a from the Philippines with intent to defraud sa
specified amount of money or damages, creditors available ang PA ay ang gi base
other than moral and exemplary, on a ani is the case
cause of action arising from law,
Ex: A guilty of plunder, court issued PA who alleged
contract, quasi-contract, delict or quasi-
to amassed 200, 512, 000. Is the court correct?
delict against a party who is about to
depart from the Philippines with intent to - Yes, correct in issuing PA, Revilla Jr vs SB July
defraud his creditors; 24 2018
- Mere fact that the person is about to (d) In an action against a party who has
depart- not sufficient ground it must been guilty of a fraud in contracting the
be coupled with intent to defraud debt or incurring the obligation upon
creditors which the action is brought, or in the
performance thereof;
- PA is not available to moral or
exemplary damages –unliquidated
damages- amount not specified
- Ang defendant ani ni enter into contract of
What about if the defendant is insolvent or on the loan pero nanikas cya
brink of bankruptcy –is it a ground for issuance of
Ex: ang defendant pretended to be a public school
PA?
teacher arun makautang sa bank ng produce og
falsified na documents like certification na
employee cyas DEPED pero diay di diay cya real na - Gimapaligya na sa debtor iyang property
employee kay falsified ang docs. Did he commit pero din na enough it must be with intention
fraud in incurring obligation? to defraud his creditors
- Yes What if nag sell cya kay ibayad nya sa uban utang.
Ground na?
If filean cya ug collection of sum of money, is it
proper to the plaintiff na ma issue-han ug PA? - No because the disposal of the prop was
made not for the purpose of defrauding his
- Yes because he committed fraud in incurring
creditors.
obligation
Transactions entered into defendant such as selling
What if wa cya manikas sa pag borrow ug money,
properties for legitimate debts may have the fact of
gipautang cya – pag pay nya, mi issue cya ug
preference to certain creditors but not legal ground
cheque but mi bounce gi filean cya ug collection of
for PA, Aboitiz and Co. Inc vs Cotabato Bus June 17
sum of money with prayer for issuance f PA. Proper
1981
ba ang prayer sa issuance of PA na wa mn cya
manikas sa pg pangutang nya wa sd allegation na (f) In an action against a party who does
intent to depart from the Phil? not reside and is not found in the
Philippines, or on whom summons may
- Yes because he is guilty of fraud in the
be served by publication. (1a)
performance of the obligation,
The action here is purely action in personam and
- Di lng ni cya sa pg incur sa obligation but
there is no way for the court to acquire jurisdiction
also sa performance sa obligation
over the person of the defendant by serving
Security bank vs Great wall Jan 23 2017. It could be summons. Moo na I convert ang action from purely
the defendant was in Good Faith in incurring the in personam into action q in rem arun ang court
obligation but he is guilty of fraud in the dunay jurisdiction over the case, once the court
performance of the obligation such as issuance of acquire J over the case summons now may be
bouncing cheque. served by publication- but the purpose is to comply
with the re of D. Citizens Surety Com vs Herrera
o constitute a ground for attachment in Section
march 31 1971
1(d), Rule 57 of the Rules of Court, it must be shown
that the debtor in contracting the debt or incurring Section 2. Issuance and contents of order. — An
the obligation intended to defraud the creditor. A order of attachment may be issued either ex
debt is fraudulently contracted if at the time of parte or upon motion with notice and hearing by
contracting it, the debtor has a preconceived plan the court in which the action is pending, or by the
or intention not to pay. "The fraud must relate to the Court of Appeals or the Supreme Court, and must
execution of the agreement and must have been require the sheriff of the court to attach so much of
the reason which induced the other party into giving the property in the Philippines of the party against
consent which he would not have otherwise given. whom it is issued, not exempt from execution, as
Watercraft Venture Corp v Wolfe Sep 9 2015 may be sufficient to satisfy the applicant's demand,
unless such party makes deposit or gives a bond as
- Mere failure of the debtor or debtor’s mere
hereinafter provided in an amount equal to that
non-payment of debt or failure to comply
fixed in the order, which may be the amount
with the obligation cannot be the basis or
sufficient to satisfy the applicant's demand or the
sufficient to show that there is fraud. Need na
value of the property to be attached as stated by
dunay circumstance other than the mere
the applicant, exclusive of costs. Several writs may
fact of non-payment of debt.
be issued at the same time to the sheriffs of the
- Mere failure to pay the loan or debt does not courts of different judicial regions. (2a)
by itself indicate fraud t6here must be other
- PA may be issued either ex parte OR after
circumstance which would shoe fraudulent
notice of hearing by the court
intent on the part of the defendant.
- Usually ex parte
Why issue ex parte?
(e) In an action against a party who has
removed or disposed of his property, or is - Kung imong hearingon pa way cguro na
about to do so, with intent to defraud his Hutdon ug sell iya prop . moo nay reason of
creditors; or this prov rem.
- no notice to the adverse party or hearing of - Mg Dungan jud ang implementation sa writ
the application is required inasmuch as the ug summons pero mas better if mauna ung
time which the hearing will take could be served ang summons pero bcin
enough to enable the defendant to makabantay ang defendant so idungan
abscond or dispose of his property before a nalang.
writ of attachment issues. In such a case, a
Quartero v CA Aug 5 1992 Mangila v ca Aug 12 2012
hearing would render nugatory the purpose
of this provisional remedy. The ruling remains It must be emphasized that the grant of the
good law. There is, thus, no merit in the provisional remedy of attachment practically
private respondents' claim of violation of involves three stages:
their constitutionally guaranteed right to due
1. The court issues the order granting the
process. Quartero vs CA aug 5 1992
application;
The grant of PA involves 3 stages:
2. The writ of attachment issues pursuant to the
1. The court issues the order granting the order granting the writ; and
application
3. The writ is implemented.
2. The issuance of the writ itself by the clerk of
For the initial two stages, it is not necessary that
court
jurisdiction over the person of the defendant
should first be obtained. However, once the
implementation commences, it is required that
- Sa Order-judge mu grant after the court
the court must have acquired jurisdiction over
issues the order granting the application the
the defendant for without such jurisdiction, the
next step would be the issuance of the writ
court has no power and authority to act in any
itself
manner against the defendant. Any order
- Sa court naay pro forma na ang mupirma issuing from the Court will not bind the
ang COC. The COC would not sign the writ defendant.
PA unless the attaching party has posted a
- Summons must be served by the defendant
bond.
whether before or simultaneous …otherwise
TN: bond must be posted before the issuance of the implementation would be void.
writ itself TN
Summons must be validly served kay bsan pa ug
3. The enforcement of the writ simultaneous ang summons but invalid ang pg
served, implementation is void. HB Sacre com Inc v
Who will enforce?
Camay 10 1994
- sheriff –mamira ug things
Mg need mn kaha ug prior service of summons or
The first 2 stages which is the issuance of the order simultaneous service sa implementation sa writ of
(timan-i ang terms) and the issuance of the writ itself PA, what if ang adverse party di ma issue-han ug
can be done ex parte (without the knowledge of summons kay ng TNT or toa sa abroad, di ma
the defendant) but the 3rd the enforcement in implement kay wa ma issuehan. Sakto na?
enforcing the writ of the attached this must be
- NO, that is an exception- under the last
preceded by service of summons or at least
paragraph of sec 5:
simultaneously or contemporaneously served with
summons. The requirement of prior or contemporaneous
When the writ is enforced or implement need ang
court maka acquire the jurisdiction over the
defendant. How?
- prior or simultaneous service of summons absent therefrom, or the defendant is a non-resident
Unahon gni ug served ang writ unya ang summons-
in rem.
enforcement of the writ would be void
Section 3. Affidavit and bond required. — An order
Effect if void?
of attachment shall be granted only when it
- property attached would be returned to the appears by the affidavit of the applicant, or of some
defendant other person who personally knows the facts, that a
sufficient cause of action exists, that the case is one (2) all damages which such party may sustain by
of those mentioned in section 1 hereof, that there is reason of the attachment, if the court shall finally
no other sufficient security for the claim sought to be adjudge that the applicant was not entitled
enforced by the action, and that the amount due thereto.15 As to the requisite affidavit of merit,
to the applicant, or the value of the property the Section 3,16 Rule 57 of the Rules of Court states that
possession of which he is entitled to recover, is as an order of attachment shall be granted only when
much as the sum for which the order is granted it appears in the affidavit of the applicant, or of
above all legal counterclaims. The affidavit, and the some other person who personally knows the facts:
bond required by the next succeeding section, must
- that a sufficient cause of action exists;
be duly filed with the court before the order issues.
- that the case is one of those mentioned in
- Moo ni basis sa court to grant the petition or
Section 117 hereof
not so there must be an affidavit which
would indicate the facts stated in sec 3 - that there is no other sufficient security for the
claim sought to be enforced by the action;
What are those facts?
and
- A sufficient cause of action exists,
- that the amount due to the applicant, or the
- That the case is one of those mentioned in value of the property the possession of which
section 1 hereof, he is entitled to recover, is as much as the
sum for which the order is granted above all
- That there is no other sufficient security for
the claim sought to be enforced by the
action, and The mere filing of an affidavit reciting the facts
required by Section 3, Rule 57, however, is not
- That the amount due to the applicant, or the
enough to compel the judge to grant the writ of
value of the property the possession of which
preliminary attachment. Whether or not the affidavit
he is entitled to recover, is as much as the
sufficiently established facts therein stated is a
sum for which the order is granted above all
question to be determined by the court in the
exercise of its discretion. "The sufficiency or
insufficiency of an affidavit depends upon the
amount of credit given it by the judge, and its
Affidavit should be attached to the
acceptance or rejection, upon his sound discretion."
complaint or to the motion
- Bsan naay affidavit di automatic na I grant
Aside from the affidavit the applicant should
tan-awon sa court if dunay basis
post attachment bond- it must be posted
……(find in law) Exception to the rule:
COC will not issue the writ unless the adverse One case, way affidavit na gi attached but the
party posted the bond complaint is verified then gi alleged ang ground sa
PA sa complaint, Sufficient na ba tu na maong
Purpose?
basehan sa court sa pag grant sa PA?
- To answer whatever damages that the
- YES, verified complaint in the case at bar
defendant may suffer by reason of issuance
entitled "Application for a Writ of Preliminary
of the writ
Attachment" which specifically stated that
Watecraft venture corp v wolfe: Affidavit and Bond to avoid redundancy and repetition, the
Ruling: affidavit of the plaintiffs as required under
Section 3, Rule 57 of the Revised Rules of
For the issuance of an ex-parte issuance of the
Court is dispensed with, as the matters to be
preliminary attachment to be valid, an affidavit of
treated and contained therein are already
merit and an applicant's bond must be filed with the
incorporated and made part of the
court14 in which the action is pending. Such bond
complaint, duly verified by them, has
executed to the adverse party in the amount fixed
undoubtedly substantially complied with the
by the court is subject to the conditions that the
requirements of the Rules and the court to
applicant will pay:
which the application for the attachment
(1) all costs which may be adjudged to the adverse was filed has jurisdiction to issue the writ
party; and prayed for. Nasser v CA dec 3 1990

Section 4. Condition of applicant's bond. — The executed to the applicant, in an amount equal to
party applying for the order must thereafter give a the bond fixed by the court in the order of
bond executed to the adverse party in the amount attachment or to the value of the property to be
fixed by the court in its order granting the issuance attached, exclusive of costs. No levy on attachment
of the writ, conditioned that the latter will pay all the pursuant to the writ issued under section 2 hereof
costs which may be adjudged to the adverse party shall be enforced unless it is preceded, or
and all damages which he may sustain by reason of contemporaneously accompanied, by service of
the attachment, if the court shall finally adjudge that summons, together with a copy of the complaint,
the applicant was not entitled thereto. the application for attachment the applicant's
affidavit and bond, and the order and writ of
- Before the writ of PA the plaintif must first post
attachment, on the defendant within the
bond to answer for whatever damages the
Philippines.
adverse party may suffer. Rep v Garcia July
12 2007 The requirement of prior or contemporaneous
- The amount of the bond has to be fix by the
court in its order granting the application
Q: if you were the counsel of the defendant against defendant is a resident of the Philippines temporarily
whom writ of PA is issued, Unsay remedy nya? absent therefrom, or the defendant is a non-resident
Ex: di gusto iya car I attached, di cya gusto. Unsay
in rem.
buhaton nya?
Section 6. Sheriff's return. — After enforcing the writ,
- The immediate remedy in order to prevent
the sheriff must likewise without delay make a return
attachment is to make a cash deposit or
thereon to the court from which the writ issued, with
post counter bond
a full statement of his proceedings under the writ
- Mooy nay pinaka dali sec 5 and a complete inventory of the property attached,
together with any counter-bond given by the party
The former makes a deposit with the court from
against whom attachment is issued, and serve
which the writ is issued, or gives a counter-bond
copies thereof on the applicant.
executed to the applicant, in an amount equal to
the bond fixed by the court in the order of Return-report unsay I report?
attachment or to the value of the property to be
If duna ba cyay prop na nakuha if naa he
attached, exclusive of costs.
should make an inventory (list of the prop
- Knang iyang cash deposit or counter bond attached)
moo nay mu served as payment for the
Section 7. Attachment of real and personal
satisfaction of whatever judgment that the
property; recording thereof. — Real and personal
plaintiff may obtain
property shall be attached by the sheriff executing
- Note: see sec 12 too cash deposit the writ in the following manner:
Manner of attaching different kinds of prop
Cash bond and counter bond pede maka (a) Real property, or growing crops thereon,
prevent sa attachment ug pede sad maka or any interest therein, standing upon the
discharge sa attachment record of the registry of deeds of the
province in the name of the party against
Ex: duna nay butang na gikuha pede na ma
whom attachment is issued, or not
discharge if mg cash deposit or post counter bond
appearing at all upon such records, or
Section 5. Manner of attaching property. — The belonging to the party against whom
sheriff enforcing the writ shall without delay and with attachment is issued and held by any other
all reasonable diligence attach, to await judgment person, or standing on the records of the
and execution in the action, only so much of the registry of deeds in the name of any other
property in the Philippines of the party against whom person, by filing with the registry of deeds a
the writ is issued, not exempt from execution, as may copy of the order, together with a
be sufficient to satisfy the applicant's demand, description of the property attached, and a
unless the former makes a deposit with the court notice that it is attached, or that such real
from which the writ is issued, or gives a counter-bond property and any interest therein held by or
standing in the name of such other person - no need isuwat sa book of incorporation
are attached, and by leaving a copy of such
- by leaving ra sa copy sa writ
order, description, and notice with the
occupant of the property, if any, or with such (d) Debts and credits, including bank
other person or his agent if found within the deposits, financial interest, royalties,
province. Where the property has been commissions and other personal property
brought under the operation of either the not capable of manual delivery, by leaving
Land Registration Act or the Property with the person owing such debts, or having
Registration Decree, the notice shall contain in his possession or under his control, such
a reference to the number of the certificate credits or other personal property, or with his
of title, the volume and page in the agent, a copy of the writ, and notice that
registration book where the certificate is the debts owing by him to the party against
registered, and the registered owner or whom attachment is issued, and the credits
owners thereof. and other personal property in his possession,
or under his control, belonging to said party,
The registrar of deeds must index
are attached in pursuance of such writ;
attachments filed under this section in the
names of the applicant, the adverse party, - garnish
or the person by whom the property is held
- the sheriff will served a notice of garnishment
or in whose name it stands in the records. If
to the bank as regards debts, credits,
the attachment is not claimed on the entire
including bank deposits, financial interest,
area of the land covered by the certificate
royalties, commissions and other personal
of title, a description sufficiently accurate for
property not capable of manual delivery
the identification of the land or interest to be
affected shall be included in the registration - letter C and D- notice of garnishment
of such attachment; needed
Ex: land-by filing RD a copy of the deed and notice
that it is attached
Garnishment- kind of attachment for
- Tagaan ug copy sa notice of attachment reaching any prop or credit payable to a
then it shall be annotated at the back of the judgment debtor
title so that if ibaligya na there is a notice to
- Class sa attachment in order to
the whole world that the prop served as
reached prop or credit pertaining to
security for whatever favorable judgment
a judgment debtor.
the plaintiff may have against the adverse
party. Garnishment has been defined as a species of
attachment for reaching any property or credits
(b) Personal property capable of manual
pertaining or payable to a judgment debtor. In legal
delivery, by taking and safely keeping it in his
contemplation, it is a forced novation by the
custody, after issuing the corresponding
substitution of creditors; the judgment debtor, who is
receipt therefor.
the original creditor of the garnishee is, through
Ex: ref, tv, laptop, jewelry service of the writ of garnishment, substituted by the
judgment creditor who thereby becomes creditor of
(c) Stocks or shares, or an interest in stocks or
the garnishee. Garnishment has also been
shares, of any corporation or company, by
described as a warning to a person having in his
leaving with the president or managing
possession property or credits of the judgment
agent thereof, a copy of the writ, and a
debtor, not to pay the money or deliver the property
notice stating that the stock or interest of the
to the latter, but rather to appear and answer the
party against whom the attachment is issued
plaintiff’s suit. Garnishment has been defined as a
is attached in pursuance of such writ;
species of attachment for reaching any property or
1. By leaving with the president or managing credits pertaining or payable to a judgment debtor.
agent thereof, a copy of the writ, and In legal contemplation, it is a forced novation by the
substitution of creditors; the judgment debtor, who is
2. A notice stating that the stock or interest
the original creditor of the garnishee is, through
of the party against whom the attachment is
service of the writ of garnishment, substituted by the
issued is attached in pursuance of such writ;
judgment creditor who thereby becomes creditor of

the garnishee. Garnishment has also been Whether or not a bank is liable for releasing its
described as a warning to a person having in his depositor’s funds on the strength of the notice of
possession property or credits of the judgment garnishment made by the deputy sheriff pursuant to
debtor, not to pay the money or deliver the property a writ of execution issued by the National Labor
to the latter, but rather to appear and answer the Relations Commission (NLRC).
plaintiff’s suit. perla compania de seguros v ramolite
- Di ma liable ng bank if mu comply
nov 13 1991
ang bank sa order sa court Phil com
Kaning garnishment dunay 3 parties: industrial bank vs ca jan 28 1991
1. Defendant Applicable to debts and credits, shares of stocks
and other incorporeal objects which is not capable
2. Debtor sa defendant
of manual delivery Go vs abrogar oct 2 2007
3. Plaintiff
What if ang katong def, dunay kaso earlier (lahi na
Ang debtor dunay bayrunon sa defendant, case) collection of sum of money nya nakadaug
inig makadawat na sa notice of garnishment cya.
di na mupay a defendant but adto mo pay
Ex: P v D, si D dunay lain kaso na D v X nakadaog
sa plaintiff pero unya ra mu pay ng human
cya gi orderan si X na pabayrun ngadto ni D, maapil
sa kaso, gi warningan lng cyan a ayaw
bana ug attached ang money claim judgment?
bayad sa def, there is no payment or
delivery yet, the garnishee (bank) will just - YES, in the case tayabas v land
hold the money or deposit of the def, def company vs sharuff feb 9 1991
should not be allowed to withdraw by virtue
Garnishment vs PA
of notice of garnishment
G: applicable to intangible property
Q: is there a need to served summons on the
garnishee? PA: tangible prop
- NO, SC: the court can acquire J over G: involves 3 parties Creditor, Debtor, Garnishee
the garnishee and compel
PA: 2 parties Creditor and Debtor
compliance of the notice of
garnishment by mere service of the G: Garnishment by PA there is no actual seizure of
garnishee of the notice of the prop because the garnishee will only keep or
garnishment perla compania de hold the credit or bank deposits to wait the outcome
seguros vs ramolite of the case
In order that the trial court may validly PA: there is seizure of the prop and it would be
acquire jurisdiction to bind the person of the placed in custodia legis
garnishee, it is not necessary that summons
Salary sa goverment pede ma attached?
be served upon him. The garnishee need not
be impleaded as a party to the case. All that - If di pa madawat sa employee-di
is necessary for the trial court lawfully to bind pede bec it is still considered money
the person of the garnishee or any person of the govt.
who has in his possession credits belonging to
- A rule, which has never been
the judgment debtor is service upon him of
seriously questioned, is that money in
the writ of garnishment. The Rules of Court
the hands of public officers, although
themselves do not require that the garnishee
it may be due government
be served with summons or impleaded in the
employees, is not liable to the
case in order to make him liable. Through
creditors of these employees in the
service of the writ of garnishment, the
process of garnishment. One reason
garnishee becomes a "virtual party" to, or a
is, that the State, by virtue of its
"forced intervenor" in, the case and the trial
sovereignty, may not be sued in its
court thereby acquires jurisdiction to bind
own courts except by express
him to compliance with all orders and
authorization by the Legislature, and
processes of the trial court with a view to the
to subject its officers to garnishment
complete satisfaction of the judgment of the
would be to permit indirectly what is
court. ramolite case
prohibited directly. Another reason is

that moneys sought to be garnished, to the party against whom attachment is issued, or
as long as they remain in the hands owing any debts to him, at the time of service upon
of the disbursing officer of the them of the copy of the writ of attachment and
Government, belong to the latter, notice as provided in the last preceding section,
although the defendant in shall be liable to the applicant for the amount of
garnishment may be entitled to a such credits, debts or other similar personal property,
specific portion thereof. And still until the attachment is discharged, or any judgment
another reason which covers both of recovered by him is satisfied, unless such property is
the foregoing is that every delivered or transferred, or such debts are paid, to
consideration of public policy forbids the clerk, sheriff, or other proper officer of the court
it. dela victoria v burgos june 27 1995 issuing the attachment.
Kanang prop na under sa custodia legis na nana sa - credits, debts or other similar personal
court, pede ba ma attached? property, until the attachment is discharged
(see law)
(e) The interest of the party against whom
attachment is issued in property belonging - The garnishee has no right to qs if the writ is
to the estate of the decedent, whether as properly issued. It is for the defendant to qs
heir, legatee, or devisee, by serving the but exception ang Dela Victoria case
executor or administrator or other personal
Ex: ang fiscal na nakautang wa makapay so ang
representative of the decedent with a copy
creditor nya mi file ug collection of sum of money
of the writ and notice that said interest is
nya gusto I attached iyang cheque (di pmn ATM
attached. A copy of said writ of attachment
sauna) ang city prosecutor head sa fiscal “wa mn
and of said notice shall also be filed in the
moy katungod na mo order nako na di ni ihatag sa
office of the clerk of the court in which said
akong sakop kwrta pmn ni sa gobyerno kung
estate is being settled and served upon the
mahatag na nako ni di nani kwrta sa govt” Sakto
heir, legatee or devisee concerned.
baa ng city prosec?
Ang na subject nas replevin pede ma attached?
Ang creditor’s defense” wa man kay katungod na
- Yes mu qs sa validity sa writ ang imong buhaton na
mutuman ka sa order sa court.”
If the property sought to be attached is in custodia
legis, a copy of the writ of attachment shall be filed SC: exception to the rule ni, kay ang city prosec
with the proper court or quasi-judicial agency, and kabalo mn cya na di ma attached ang sweldo if di
notice of the attachment served upon the pa mahatag sa employee
custodian of such property.
But as rule ang garnishee di maka qs sa pghatag sa
What if ang D usa sa mga heirs unya dunay separate writ
na kaso na settlement of the estate duna mm cya
Section 9. Effect of attachment of interests in
bahin ato, pede ma attached?
property belonging to the estate of a decedent. —
- Yes how? The attachment of the interest of an heir, legatee, or
devisee in the property belonging to the estate of a
- by serving the executor or administrator or
decedent shall not impair the powers of the
other personal representative of the
executor, administrator, or other personal
decedent with a copy of the writ and
representative of the decedent over such property
notice that said interest is attached.
for the purpose of administration. Such personal
A copy of said writ of attachment and of said notice representative, however, shall report the
shall also be filed in the office of the clerk of the attachment to the court when any petition for
court in which said estate is being settled and served distribution is filed, and in the order made upon such
upon the heir, legatee or devisee concerned. petition, distribution may be awarded to such heir,
legatee or devisee, but the property attached shall
Tagaan ang executor or administrator, tagaan pod
be ordered delivered to the sheriff making the levy,
ang court where the case is pending
subject to the claim of such heir, legatee, or devisee,
Section 8. Effect of attachment of debts, credits and or any person claiming under him. (9a)
all other similar personal property. — All persons
- The fact that the prop consisting the estate
having in their possession or under their control any
of the deceased, has been issued a writ of
credits or other similar personal property belonging

attachment–shall not impelled the order of 2. it is beneficial to the parties

administrator or executor.
ex: land gi attached dunay buyer mi offer na
So unsay buhaton sa Exec or admin if makadawat I buy 5x na value –the court may allow the
sa writ? disposal of the same
- shall report to the court the attachment Section 12. Discharge of attachment upon giving
when there is already distribution the prop counter-bond. — After a writ of attachment has
that has been attached shall be delivered to been enforced, the party whose property has been
the heir attached, or the person appearing on his behalf,
may move for the discharge of the attachment
ex: ABCD heir if naa nay distribution ang share ni E
wholly or in part on the security given. The court shall,
adto ihatag sa sheriff di ni E
after due notice and hearing, order the discharge
Section 10. Examination of party whose property is of the attachment if the movant makes a cash
attached and persons indebted to him or controlling deposit, or files a counter-bond executed to the
his property; delivery of property to sheriff. — Any attaching party with the clerk of the court where the
person owing debts to the party whose property is application is made, in an amount equal to that
attached or having in his possession or under his fixed by the court in the order of attachment,
control any credit or other personal property exclusive of costs. But if the attachment is sought to
belonging to such party, may be required to attend be discharged with respect to a particular property,
before the court in which the action is pending, or the counter-bond shall be equal to the value of that
before a commissioner appointed by the court, and property as determined by the court. In either case,
be examined on oath respecting the same. The the cash deposit or the counter-bond shall secure
party whose property is attached may also be the payment of any judgment that the attaching
required to attend for the purpose of giving party may recover in the action. A notice of the
information respecting his property, and may be deposit shall forthwith be served on the attaching
examined on oath. The court may, after such party. Upon the discharge of an attachment in
examination, order personal property capable of accordance with the provisions of this section, the
manual delivery belonging to him, in the possession property attached, or the proceeds of any sale
of the person so required to attend before the court, thereof, shall be delivered to the party making the
to be delivered to the clerk of the court or sheriff on deposit or giving the counter-bond, or to the person
such terms as may be just, having reference to any appearing on his behalf, the deposit or counter-
lien thereon or claim against the same, to await the bond aforesaid standing in place of the property so
judgment in the action. released. Should such counter-bond for any reason
be found to be or become insufficient, and the
- person who denied na naay byrunon sa def,
party furnishing the same fail to file an additional
pede cya eexamine
counter-bond, the attaching party may apply for a
Section 11. When attached property may be sold new order of attachment. (12a)
after levy on attachment and before entry of
Section 13. Discharge of attachment on other
judgment. — Whenever it shall be made to appear
grounds. — The party whose property has been
to the court in which the action is pending, upon
ordered attached may file a motion with the court
hearing with notice to both parties, that the property
in which he action is pending, before or after levy or
attached is perishable, or that the interests of all the
even after the release of the attached property, for
parties to the action will be subserved by the sale
an order to set aside or discharge the attachment
thereof, the court may order such property to be
on the ground that the same was improperly or
sold at public auction in such manner as it may
irregularly issued or enforced, or that the bond is
direct, and the proceeds of such sale to be
insufficient. If the attachment is excessive, the
deposited in court to abide the judgment in the
discharge shall be limited to the excess. If the motion
action.
be made on affidavits on the part of the movant but
- Prop attached di pede I sell I keep rna to not otherwise, the attaching party may oppose the
wait for any judgment of the court favorable motion by counter-affidavits or other evidence in
to the Plaintiff. addition to that on which the attachment was
made. After due notice and hearing, the court shall
Exceptions:
order the setting aside or the corresponding
1. that the property attached is perishable ex: discharge of the attachment if it appears that it was
rice improperly or irregularly issued or enforced, or that
the bond is insufficient, or that the attachment is consequently the writ of attachment shall be
excessive, and the defect is not cured forthwith. dissolved, the prop which were attached
shall be discharged.
- 12 and 13 ways of discharging attachment.
- Sec 12 pinaka dali –cash deposit or post
counterbond 6. The fact that the case is dismissed or
decisions is against the attaching party is
Sec 13: other ways of discharging attachment
another ground for discharging writ of
- filing a motion on the grounds that the writ of attachment sec 19 rule 57
PA was improperly or invalidly issued or
- the filing of the counterbond or posting cash
invalidly implemented
deposit speeder way of discharging the writ
Generally 2 ways of discharging: instead of filing a motion to quash the writ
1. Cash deposit or counterbond GR: 2 ways of discharging prop under attachment
2. Failing a motion to discharge 1. Cash deposit or posting counterbond
Grounds: sec 13 2. Filing a motion to quash the writ of
attachment
1. that the writ of attachment was improperly
or irregular issued or enforced - it will take time bec the court has to find out
WON the writ the writ is regularly or property
2. or that the bond is insufficient
issued or if it was prop issued, was it prop
3. by showing that the attachment s excessive enforced? Matter of evidence so madugay
- ag value sa prop is sobra ra the excess shall The posting if the def choose to post
be discharged counterbond or cash deposit:
4. Claiming that the prop is exempt form SC: his act of posting counterbond cannot be
execution mentioned in sec 2 rule 57 deemed as waiver to qs the propriety of
attachment writ torres v satsatin nov 25 2009
- ……………. the defect is not cured?
- pede ghapon cya mu qs sa writ mu file ug
-------------------BREAK----------------
motion
Diff modes of discharging an attachment including
Can there be partial discharge of attachment? Or
garnishment
need jud entire?
1. depositing or making cash deport or posting
Ex: 5 taxis gi attached pede ra isa I discharge?
counter bond sec 12
- Yes, if there is partial discharge -
2. proving that the attachment writ was
counterbond equal to the value discharge
improperly or irregularly issued or enforced
Prior to the issuance of the writ the P is required
- the attachment bond is insufficient sec 13
to file attachment bond, if the def posted
counterbond. Should the attachment bond be
cancelled?
3. By showing that the attachment is excessive
sec 13 - NO it has to stay, the mere posting of the CB
does not automatically discharged the AB, it
4. Claiming that the prop is exempt from
is only after hearing that the writ of
execution IOW those prop exempt from
attachment is prop discharged. Unya ra ng
execution are also exempt from attachment
human sa hearing.
5. When a judgment is rendered against the P
- Whether the discharge or dissolution of the
or against the attaching creditor.
writ of attachment is by virtue of Cash
- Even if the court has granted the application Deposit or Counter Bond under sec 12 or 13
for writ of attachment he P his still require to there should be a hearing. A hearing must
present evidence to prove its case of action be conducted by the court
bec after presentation of evi the P fails to
proved his cause of action against the def
then the case shall be dismissed and
- Ang writ of Attachment pede ma issue ex property, or prevent the attaching party from
parte but di pwede ma discharge without claiming damages against a third-party claimant
hearing. There has to be a hearing. who filed a frivolous or plainly spurious claim, in the
same or a separate action.
- It is only be dissolved or discharged only after
notice and hearing under sec 12 and 13 / When the writ of attachment is issued in favor of the
magaling vs ong aug 13 2008 Republic of the Philippines, or any officer duly
Look at sec 13 grounds
required, and in case the sheriff is sued for damages
- If the writ of attachment is discharged or as a result of the attachment, he shall be
dissolved on any of the grounds represented by the Solicitor General, and if held
mentioned in sec 13 liable therefor, the actual damages adjudged by
the court shall be paid by the National Treasurer out
Ex: improper issued, when makaingun na mi-
of the funds to be appropriated for the purpose.
issued?
- Sheriff is only required to attached prop
- not one of the grounds mentioned in sec
belong to def debtor
1 or improperly enforced, is there a need
to def to post CD or CB? Supposed sheriff has erroneously attached a
prop belonging to a party who is not impleaded
- that a writ of attachment may be
in the case (3rd party claimant) unsay remedy sa
discharged pursuant to Section 13, Rule
3rd party claimant?
57, without the necessity of filing a cash
deposit or counterbond. The provisions of - Sec 14 : the immediate remedy of the 3 rd
the aforesaid section grants an party claimant –
aggrieved party relief from baseless and
Ex: ang D dunay car iyang gi sell, saw a pa ma file
unjustifiable attachments procured,
ang kaso, di mana madali transfer ang registro naa
among others, upon false allegations,
pa sa name sa def but nahalin na gi attached
without having to file any cash deposit or
gikuha sa sheriff unsay rem sa buyer arun mabawi
counterbond. benitez vs IAC sep 18 1987
ang car on the ground that it does not anymore
Section 14. Proceedings where property claimed by belong to the debtor defendant?
third person. — If the property attached is claimed
Execute an affidavit (terceria) – bar qs ni
by any person other than the party against whom
–what is terceria?
attachment had been issued or his agent, and such
person makes an affidavit of his title thereto, or right - is the remedy available to the 3rd party
to the possession thereof, stating the grounds of such claimant whole prop is erroneously attached
right or title, and serves such affidavit upon the sheriff by the sheriff
while the latter has possession of the attached
How is it done?
property, and a copy thereof upon the attaching
party, the sheriff shall not be bound to keep the - The 3rd party claimant or the stranger to the
property under attachment, unless the attaching case has to execute an affidavit stating his
party or his agent, on demand of the sheriff, shall file right of ownership or possession over the
a bond approved by the court to indemnify the prop attached by the sheriff and a copy of
third-party claimant in a sum not less than the value the affidavit should be given to the sheriff as
of the property levied upon. In case of well as to the plaintiff.
disagreement as to such value, the same shall be
- The 3rd party claimant has to execute the
decided by the court issuing the writ of attachment.
affidavit while the Sheriff has still in possession
No claim for damages for the taking or keeping of
of the prop attached
the property may be enforced against the bond
unless the action therefor is filed within one hundred - Once the claimant would execute an
twenty (120) days from the date of the filing of the affidavit or would avail of terceria the Sheriff
bond. is no longer bound to keep the prop unless
the Plaintiff shall post an indemnity bond in
The sheriff shall not be liable for damages for the
favor of the 3rd party claimant to answer
taking or keeping of such property to any such third-
whatever damages the 3rd party claimant
party claimant, if such bond shall be filed. Nothing
would suffer.
herein contained shall prevent such claimant or any
third person from vindicating his claim to the What if you were the Plaintiff?
- The Plaintiff has to post an indemnity bond in and independent action pede cya mu apil
favor of 3rd party claimant. sa kaso- he will file motion for intervene
because he has a legal interest of the
Kaduha nani na bond:
property attached moo ni ika 4 na remedy.
1. Attaching bond – for Defendant who
Rural bank of Sta. Barbara Inc v di manila mission of
suffered damage
the church aug 19 2009
2. Indemnity bond -fro 3rd party claimant
---------------------------------
If the Plaintiff would not post Indemnity Bond
Pede pa ba maka intervene?
–the Sheriff has to release the prop
- Pede pa kay wa pa mahuman ang kaso
Supposed the Plaintiff would post the Indemnity
Bond, unsay remedy sa 3rd party claimant who - Motion to intervene- proper when the court
insisted na cya ang owner sa property? has not yet rendered decision of the case
If he insist that the Sheriff has erroneously SEPARATE AND INDEPENDENT ACTION:
attached his prop he may file a motion or
Unsay kaso I file sa 3rd party claimant?
invoke the authority of the court which
issue the writ and file a motion for - recovery of plaintiff
summary hearing won the Sheriff has
- recovery of ownership
correctly attached the prop.
- Annulment of the writ of attachment (TN:
atong nakat-unan a court of co-equal
- During this hearing (invoking the supervisory power cannot intervene with the order or
authority of the court over the Sheriff) the decision of another court of co–equal
court will have to determine WON the Sheriff power) ang RTC di maka nullify sa order sa
was really correct in attaching the prop and lain RTC but this is an EXCEPTION allowed by
if the court finds that the Sheriff committed the rule pede mu file ug action to nullify the
mistake in attaching the prop then the court attachment made by the Sheriff on his prop
has to release the prop to the 3rd party – pede na- it cannot be considered as
claimant inference with the order of another court of
co-equal power. Ching v CA feb 23 2004
TN: pede ang court mu determine sa ownership sa
prop but remember the ruling of the court cannot Other remedies:
be considered as final with regards to the ownership
3rd party claimant may seek redress by
of the prop it is only for the purpose of determining
filing action of damages against the
WON the Sheriff acted correctly in attaching the
Sheriff within 100 days from posting
prop.
Indemnity Bond.
The 3rd party claimant has a right to file a
separation and independent action for
the purpose of vindicating or asserting his - Di ba mu post mn tu ug Indemnity Bond ang
claim over the prop attached –moo ni ika Plaintiff. so pede nga mu file cya ug (3rd party
3 na remedy claimant may seek redress by filing action of
damages against the Sheriff within 100 days
form posting Indemnity Bond)
- Kaning pg file ug motion invoking the
supervisory power of the court- ipa tan-aw sa
court if sakto ba ang pg attached sa Sheriff. He can also file to vindicate ownership
Bigtas vs sterling bank of Asia March 34
- Pede ma avail ang tanan remedy.
2021
Another rem of 3rd Party Claimant:
Pede ba maka file ug pet for certiorari ang 3rd party?
file a motion for intervention under rule 19
- Appeal or petition for certiorari is not proper
- Because he has interest of the property remedy from the denial of 3rd party claim
attached and he would be affected ruling because terceria is denied he can avail of
of the court- he can file a motion for other remedy. Bigtas ruling
intervention rule 19, instead of filing separate
TN: what are remedies of 3rd party claimant (BASIC - Kaning surety murag insurance ex: car
na TN) madisgrasya ang skyanan di ma problema
ang operator ang insurance mu pay.
Section 15. Satisfaction of judgment out of property
attached, return of sheriff. — If judgment be - There shall be summary hearing under sec 17
recovered by the attaching party and execution
Section 16. Balance due collected upon an
issue thereon, the sheriff may cause the judgment to
execution; excess delivered to judgment obligor. —
be satisfied out of the property attached, if it be
If after realizing upon all the property attached,
sufficient for that purpose in the following manner:
including the proceeds of any debts or credits
- Sec 15 presupposes court rendered collected, and applying the proceeds to the
jurisdiction in favor of Plaintiff: satisfaction of the judgment less the expenses of
proceedings upon the judgment any balance shall
- If di maka pay ang Defendant ang gipang
remain due, the sheriff must proceed to collect such
attached na property mooy I use
balance as upon ordinary execution. Whenever the
(a) By paying to the judgment obligee the judgment shall have been paid, the sheriff, upon
proceeds of all sales of perishable or other reasonable demand, must return to the judgment
property sold in pursuance of the order of obligor the attached property remaining in his
the court, or so much as shall be necessary hands, and any proceeds of the sale of the property
to satisfy the judgment; attached not applied to the judgment. (16a)
(b) If any balance remains due, by selling so Section 17. Recovery upon the counter-bond. —
much of the property, real or personal, as When the judgment has become executory, the
may be necessary to satisfy the balance, if surety or sureties on any counter-bond given
enough for that purpose remain in the pursuant to the provisions of this Rule to secure the
sheriff's hands, or in those the clerk of the payment of the judgment shall become charged on
court; such counter-bond and bound to pay the judgment
obligee upon demand the amount due under the
(c) By collecting from all persons having in
judgment, which amount may be recovered from
their possession credits belonging to the
such surety or sureties after notice and summary
judgment obligor, or owing debts to the
hearing in the same action. (17a)
latter at the time of the attachment of such
credits or debts, the amount of such credits Section 18. Disposition of money deposited. —
and debts as determined by the court in the Where the party against whom attachment had
action, and stated in the judgment, and been issued has deposited money instead of giving
paying the proceeds of such collection over counter-bond, it shall be applied under the direction
to the judgment obligee. of the court to the satisfaction of any judgment
rendered in favor of the attaching party, and after
The sheriff shall forthwith make a return in writing to
satisfying the judgment the balance shall be
the court of his proceedings under this section and
refunded to the depositor or his assignee. If the
furnish the parties with copies thereof. (15a)
judgment is in favor of the party against whom
What if di paigo ang property gi attached? attachment was issued, the whole sum deposited
must be refunded to him or his assignee.
- Ang Sheriff can go after if any property of the
defendant - Making Cash Deposit is one of the ways to
discharge attachment
- On the other hand if naay sobra the same
shall be returned to the defendant sec 16 - The Cash Deposit shall be applied after the
direction of the court to the satisfaction of
What if mi post ug counterbond ang def, unya karun
any judgment rendered in favor of the
di cya kabayad, wa cyay prop, unsay rem sa P?
attaching party
- to go after the counterbond, the liability of
Section 19. Disposition of attached property where
the counterbond is only subsidiary, the
judgment is for party against whom attachment was
Plaintiff can go after the surety only when the
issued. — If judgment be rendered against the
debtor fails to satisfy the judgment rendered
attaching party, all the proceeds of sales and
by the court. Moo ni cya sa recovery upon
money collected or received by the sheriff, under
the counterbond.
the order of attachment, and all property attached
remaining in any such officer's hands, shall be
delivered to the party against whom attachment What if unfavorable ang Decision sa def mi file cya
was issued, and the order of attachment ug appeal ana cya it is improperly issued, ana ang
discharged. trial court proper, so mi appeal cya ang Appellate
Court reversed the decision of trial court, pede ka
- Supposed is it the other way around decision
claim ug damages?
is against the Plaintiff the case is dismissed
then necessarily the writ of Attachment is - Yes asa mu claim? Appellate Court 2nd par
dissolved. One of the ways in dissolving writ
If the judgment of the appellate court be favorable
of Attachment.
to the party against whom the attachment was
- Now supposed the defendant has suffered issued he must claim damages sustained during the
damages, bec of the attachment what is his pendency of the appeal by filing an application in
remedy, prior to the issuance of the writ itself the appellate court, with notice to the party in
the Plaintiff is required to post Attachment whose favor the attachment was issued or his surety
Bpnd, he can claim against the Attaching or sureties, before the judgment of the appellate
Bond but TN that the claim of the defendant court becomes executory. The appellate court may
for damages against the Attaching Bond allow the application to be heard and decided by
should be made before the trial court – need the trial court.
I raise ang claim of damages in the same
Nothing herein contained shall prevent the party
case.
against whom the attachment was issued from
Unsaon pg raise? recovering in the same action the damages
awarded to him from any property of the attaching
- incorporated in his answer as counterclaim
party not exempt from execution should the bond or
Remember: compulsory counterclaim? In ana deposit given by the latter be insufficient or fail to
fully satisfy the award.
- Failure on the part of the Defendant to raise
his claim for damages before the trial court
would be considered as a waiver sec 20
Section 20. Claim for damages on account of
RULE 58
improper, irregular or excessive attachment. — An
application for damages on account of improper, Preliminary Injunction
irregular or excessive attachment must be filed
- prov rem
before the trial or before appeal is perfected or
before the judgment becomes executory, with due - ancillary this presupposes an existence of a
notice to the attaching party and his surety or main case
sureties setting forth the facts showing his right to
Unsay main case ani?
damages and the amount thereof. Such damages
may be awarded only after proper hearing and shall - Injunction itself with prayer for PI . the P may
be included in the judgment on the main case. pray for the issuance of Preliminary Injunction
(PI)
How to raise?
- petition for certiorari
- Answer or motion
Ex: an information of attempted murder is filed
Possible ba na mudaug ang Plaintiff and yet the
against X, now it was erroneously filed before the
defendant is allowed to claim damages?
MTC, the accused filed a motion to Quash on the
- Yes ex: when the writ of Attachment is ground of lack of Jurisdiction, supposed the judge
improperly issued or enforced, pede maka denied the MQ and insisted that the court has J,
claim ug damages against the attachment what is the rem of the accused from the erroneous
Bond. order of the court?
- The award of damages shall be included in - petition for certiorari before the RTC (court
the Juridiciton of the main case, need jud ha acted with GAD in denying his motion) arun
ma raise during trial whether in answer or ma suspended ang proceedings sa kaso ,
motion and the surety (bondman) should the petition should pray should included in
have notified or given a a copy of his claim. his petition for certiorari the prayer for
issuance of TRO and writ of PI asking the RTC

to enjoin the MTC JUDGE to stop the Any court including the SC
proceedings.
In fact any member (ex: any division mna cla by
Ex: action for specific performance –filed in MTC division composed of 5 members unya pasko mn run
(RTC dapat kay incapable of PE, the defenant filed uban ng vacation isa ra present) pede ba cya ra mu
motion to dismiss. Unsay remedy? issue?
- Pet for certiorari remember petition for - Yes pero ng abot sa uban need mu conform
certiorari di maka stop sa proceedings kay sa decision sa usa.
independent mana, so PI should be included
There are limitations however of the power
in the motion to stop the proceedings.
especially the trail court of issuing PI.
Ex: RTC, the writ of PI of RTC is effective
Section 1. Preliminary injunction defined; classes. — only within its judicial region
A preliminary injunction is an order granted at any
stage of an action or proceeding prior to the
judgment or final order, requiring a party or a court, - What if ang court dri sa cebu city nya ang
agency or a person to refrain from a particular act act na I restrain toa sa mindanao ang writ of
or acts. It may also require the performance of a PI issue sa cebu city way power sa Mindanao
particular act or acts, in which case it shall be known kay kutob rna sa 7th judicial region. Decano
as a preliminary mandatory injunction. v edu aug 29 1980 di cya effective kutob ra
sa judicial region
2 kinds of prelim injunction:
Another:
1. Prohibitory – prohibit or prevent
Courts have no power to issue PI in unfair
2. Mandatory – require to perf an act
labor practices. Naa sa Labor code ni/
Purpose of PI: chan bro inc vs FOITAF democratic labor
union jan 17 1974
- restore the status quo or preserved the status
quo - labor case di pede regular courts
What is status quo?
- the last ,actual , peaceable and RTC have no power to issue writ of PI
uncontested situation (LAPUS) prior to the against qausi-judicial bodies
controversy
Remember rule 43 – it is only the CA has power to
What if ikaw run ng cge ka byad sa imong electric issue PI against Quasi-Judicial Bodies
bills nya kalit lng giputlan sa power company na ng
Another:
supply sa electricity, unsay remedy?
RTC or MTC cannot issue writ of PI against
Ex: cge pay sa water bills pero giputlan ka ug kalit sa
a court of concurrent or coordinate
water supplier, unsay remedy? (2x asked in bar)
jurisdiction –meaning court of the same
- file an action for specific performance power
Unya need ka immediate restoration of the power Ex: RTC cebu city di pede mu restrain sa RTC
or water, unsay remedy? mandaue or lapu2x
- the action for specific performance must be Exception one: remember 3rd party claimant pee
coupled with prayer for issuance of writ of PI mu file ug independent action or separate involving
prop erroneously attached by the sheriff, the court
Who may grant the writ of PI?
pede maka nullify ug levy on attachment issued by
- any court the Sheriff.
Can the MTC (1st level) grant PI? Another: 3x as ked bar
- Yes provided that the main case is pending The RTC does not have power to issue PI
in that court against the collector of the bureau of
customs (BOC)
What case for example?
- forcible entry
Ex: seizure and forfeiture of case – imported goods - If way ikapakita na receipt di pede
nya wa nabayri buhis injunction
Barko gikargahan ug bugas if wa bayri ug bugas
pede I forfeit ang bugas nya ibalyga after. Pede
PI is no allowed to restrain the city or
baa ng adverse party (ang importer) mudagan sa
provincial prosecutor arun di ma file ang
RTC arun mukuha ug PI to enjoin or prohibit the
kaso
collector of BOC from disposing those sacks of rice?
Section 2. Who may grant preliminary injunction. —
- NO RTC has no jurisdiction issue writ of PI
A preliminary injunction may be granted by the
against the ocllectiro of BOC
court where the action or proceeding is pending. If
By express provision of law, amply supported by the action or proceeding is pending in the Court of
well-settled jurisprudence, the Collector of Customs Appeals or in the Supreme Court, it may be issued
has exclusive jurisdiction over seizure and forfeiture by said court or any member thereof.
proceedings, and regular courts cannot interfere
Right in esse – clear and unmistakable right to be
with his exercise thereof or stifle or put it to naught.
protected
‘There is no question that Regional Trial Courts are
1. Material and substantial invasion of such
devoid of any competence to pass upon the validity
right
or regularity of seizure and forfeiture proceedings
conducted by the Bureau of Customs and to enjoin 2. There is an urgent need for the writ to
or otherwise interfere with these proceedings. The prevent irreparable injury to the applicant
Collector of Customs sitting in seizure and forfeiture (most important element)
proceedings has exclusive jurisdiction to hear and
Irreparable – incapable of pecuniary estimation
determine all questions touching on the seizure and
forfeiture of dutiable goods. The Regional Trial Courts 3. There is no other speedy, adequate remedy
are precluded from assuming cognizance over such to prevent the infliction of irreparable injury
matters even through petitions for certiorari, bicol medical center vs botor oct 4 2017
prohibition or mandamus. Zamora v gako oct 24
2000
RTC do not have the power to issue PI
against national govt infrastructure’s
projects
- ex: mgbuhat ug taytayan ang national govt di
pede ang RTC maka issue ug PI to stop the
construction of the bridge, it is only the SC. Ang mga
gusto mu pa stop sa infra project they have to go to
the SC and asked for the issuance of TRO/PI
according to RA 8975
RA 9136 prohibits the issuance of PI
against transpo
Admin matter no 99-10-05-0 dated

march 10 2007 – according to the
issuance of the SC no TRO or writ of Pi
shall be issued against extra judicial
forclosure of REM shall be issued upon
allegation that the loan has been paid
unless accompanied by proof of
payment.
Ex: loan sa bank accompanied by REM like house
and lot di makabayad I foreclose sa bank mu file
ang owner ug Injunction to stop the foreclosure on
the ground na nakapay na cla.
December 14, 2021 - file a case for injunction against the school
with prayer for PI
RULE 58
Why?
Preliminary Injunction
- Because you stand to sustain irreparable
Section 1. Preliminary injunction defined; classes. —
injury
A preliminary injunction is an order granted at any
stage of an action or proceeding prior to the Is that damage capable of PE? Ma quantify ba ng
judgment or final order, requiring a party or a court, damage?
agency or a person to refrain from a particular act
- No it does not
or acts. It may also require the performance of a
particular act or acts, in which case it shall be known If ang damage na ma sustain sa applicant is
as a preliminary mandatory injunction. (1a) capable of PE then the court should deny the
application
Another prov rem which is PI
Preliminary Injunction- irreparable injury (keyword)
This rule is important –one fave of examiners
4. There is other speedy and adequate remedy
TN of the requisite of PI
to prevent the infliction of irreparable injury
Prohibitory – it orders the defendant It prevents the
defendant from performing an act
Additional requisite:
Mandatory- it requires the defendant to perform an
act 5. If the application for PI and TRO is included
in the complaint , the complaint must be
PI – prohibitory – word prohibited or mandatory – it
verified and accompanied by an affidavit
requires the performance of an act
- Same requirement sa PA na need ug
TN: limitations
affidavit
Last time we discussed the requires before the court
- One basic requirement: VERIFICATION if the
can issue PI
complaint prays for the issuance of PI
Memorize!!!
- Both affidavit and verification must alleged
Sec 3 and 4 among sa requisites the grounds for the issuance of PI and TRO
(katong 4-stated above)
Requisites according to jurisprudence: bicol
medical center v botor oct 4 2017 / somifro phil corp
vs sereno feb 7 2018
6. there must be a hearing prior to the issuance
1. The applicant must have a clear and of the TRO or PI
unmistakable right to be protected – right in
- unlike PA which can be issued ex parte, TRO
esse
and PI cannot be issued ex parte- there must
2. There is a material and substantial evasion or be a notice and hearing
violation of such right
Exception- 72 hr TRO
3. There is an urgent need for the writ to
7. after the issuance of the order granting the
prevent irreparable injury to the applicant
application for the issuance of TRO, the
What do you mean by irreparable injury? applicant must post a bond prior or before
the issuance of the TRO or writ of PI
- injury beyond pecuniary estimation
- remember PA naay 3 stages:
The applicant must show that there is an urgent
need for the writ to prevent injury to the applicant 1. The court will issue the order granting the
application
Irreparable injury- a kind of injury not capable of PE
2. The COC will issue the writ itself
Ex: ongoing ang enrollment sa usjr but ang school di
ka pa enrollon, 3 days later mo end na ang Same ras PI or TRO – prior to the issuance of
enrollment nya di ka pa enrolon, naka pay ka nya the writ the applicant must post a bond
pasar sad ka. Unsa imong buhaton arun maka enroll
ka?
Those are the requirement for the issuance of writ of 2. 2, verified

PI – sec 3
3. State grounds (first 4 grounds)
PI is not available if the act to be restrained has
I state sa affidavit I state pod sa complaint-
already been committed or consummated –so
doblehon
injunction contemplates the acts being committed
or about to be committed so writ of PI is not The amount of the bond must be fix by the court-
available against acts already consummated. injunction bond
Reyes vs Harte 21 phil 422 / Romulo v Inegez feb 4
(b) Unless exempted by the court the
1986
applicant files with the court where the
Section 2. Who may grant preliminary injunction. — action or proceeding is pending, a bond
A preliminary injunction may be granted by the executed to the party or person
court where the action or proceeding is pending. If enjoined, in an amount to be fixed by the
the action or proceeding is pending in the Court of court, to the effect that the applicant will
Appeals or in the Supreme Court, it may be issued pay to such party or person all damages
by said court or any member thereof. (2a) which he may sustain by reason of the
injunction or temporary restraining order
Section 3. Grounds for issuance of preliminary
if the court should finally decide that the
injunction. — A preliminary injunction may be
applicant was not entitled thereto. Upon
granted when it is established:
approval of the requisite bond, a writ of
(a) That the applicant is entitled to the relief preliminary injunction shall be issued.
demanded, and the whole or part of such
1. Mu issue ang court mu issue ug order
relief consists in restraining the commission or
granting the application
continuance of the act or acts complained
of, or in requiring the performance of an act 2. COC issue the writ but b4 issuance mu post
or acts either for a limited period or ug bond
perpetually;
(b) That the commission, continuance or
(c) When an application for a writ of
non-performance of the act or acts
preliminary injunction or a temporary
complained of during the litigation would
restraining order is included in a complaint or
probably work injustice to the applicant; or
any initiatory pleading, the case, if filed in a
(c) That a party, court, agency or a person is multiple-sala court, shall be raffled only after
doing, threatening, or is attempting to do, or notice to and in the presence of the adverse
is procuring or suffering to be done some act party or the person to be enjoined. In any
or acts probably in violation of the rights of event, such notice shall be preceded, or
the applicant respecting the subject of the contemporaneously accompanied, by
action or proceeding, and tending to render service of summons, together with a copy of
the judgment ineffectual. (3a) the complaint or initiatory pleading and the
applicant's affidavit and bond, upon the
Section 4. Verified application and bond for
adverse party in the Philippines.
preliminary injunction or temporary restraining order.
— A preliminary injunction or temporary restraining However, where the summons could not be
order may be granted only when: served personally or by substituted service
despite diligent efforts, or the adverse party
(a) The application in the action or
is a resident of the Philippines temporarily
proceeding is verified, and shows facts
absent therefrom or is a nonresident thereof,
entitling the applicant to the relief
the requirement of prior or
demanded; and
contemporaneous service of summons shall
If it is included in the complaint- complaint must be not apply.
verified
- Urgent- kay mu suffer ug irreparable injury so
If it is a motion- motion must be verified ng file sa kaso gi incorporate ns complaint
ang prayer sa PI
Unless exempted by the court applicant must post a
bond –injunction bond
1. affidavit
- In giving the notice pabaw-on sa asa na of preliminary injunction. The purpose of

raffle ang case- it must be accompanied preliminary injunction is to preserve the status
with the service of summons quo and a status quo is the last actual
peaceable and uncontested situation prior
Notice is accompanied or preceded by
to the controversy. Before the issuance of the
service of summons upon the defendant
preliminary injunction, there is a faster way
Supposed the defendant cannot be served with that could be prayed by the petitioner or
summons? plaintiff and that is the issuance of a TRO
which could last for 20 days.
- 2nd paragraph – the case shall be raffled
even if there was no service of summons yet What is status quo?
by the defendant because he cannot be
- the last ,actual , peaceable and
served with summons
uncontested situation (LAPUS) prior to the
controversy
(c) The application for a temporary TRO –purpose maintain the status quo- last, actual,
restraining order shall thereafter be peaceable and uncontested situation prior to
acted upon only after all parties are controversy
heard in a summary hearing which shall
TRO synonym status quo
be conducted within twenty-four (24)
hours after the sheriff's return of service Ang status quo issue sa SC lahi na cya , ang SC
and/or the records are received by the dunay power pg issue ug so called status quo order
branch selected by raffle and to which ,it can be only issued by the SC is different form TRO
the records shall be transmitted
Difference between status quo order exclusively
immediately.
issued by SC and TRO
I raffle ang case:
SQ: none of the parties prays or asks for it
Ex: there are 120 branches na raffle sa RTC br 6,the
TRO: one of the parties is praying or asking for it
record of the case will be forwarded to br 6 within 24
hrs (2 days) that branch must conduct a hearing on SQ: base on equitable grounds- there is no law but
the application for the issuance of TRO kay urgent that is issued by the SC base on equity
man.
TRO: the issuance is based on the ROC
Complainant faults respondent for violating
SQ: is more of a ceased or desist order – it does not
Supreme Court Administrative Circular 20-95 for
direct the doing or undoing of an act
failure to call for a hearing on its application for a
TRO within 24 hours after the case had been raffled TRO: directs the doing or undoing of an act
to his sala on December 15, 2001, he having set the
SQ: does not require the posting of a bond
same for hearing only on January 17, 2000. Upon the
assumption that the appellate court's Resolution TRO: requires the posting of a bond before it is issued
granting a TRO had not yet come to the notice of
SQ: can only be issued by the SC
respondent at the time Civil Case No. 00-233 was
raffled to him, what is mandatory in the circular is the TRO: can be issued by any court
giving of notice and opportunity for the adverse TN: Section 5. Preliminary injunction not granted
party to be heard and interpose objections in a without notice; exception. — No preliminary
summary hearing, before a prayer for a TRO is acted injunction shall be granted without hearing and prior
upon. The period within which to conduct a notice to the party or person sought to be enjoined.
summary hearing is not 24 hours after the case has
been raffled but 24 hours after the records are Before the court issues TRO or PITHERE MUST BE
transmitted to the branch to which it is raffled. HEARING IT CANNOT BE ISSUED EX PARTE
bagong west kabulusan one neighborhood assoc v If it shall appear from facts shown by affidavits or by
lerma 452scra 26 the verified application that great or irreparable
What is TRO? injury would result to the applicant before the matter
can be heard on notice, the court to which the
- A TRO is an order to maintain the status quo application for preliminary injunction was made,
between or among the parties until the may issue a temporary restraining order to be
determination of the prayer for the issuance
effective only for a period of twenty (20) days from restraining order effective for only seventy-two (72)
service on the party or person sought to be enjoined, hours from issuance but he shall immediately comply
except as herein provided. Within the said twenty- with the provisions of the next preceding section as
day period, the court must order said party or person to service of summons and the documents to be
to show cause, at a specified time and place, why served therewith. Thereafter, within the aforesaid
the injunction should not be granted, determine seventy-two (72) hours, the judge before whom the
within the same period whether or not the case is pending shall conduct a summary hearing to
preliminary injunction shall be granted, and determine whether the temporary restraining order
accordingly issue the corresponding order. (Bar shall be extended until the application for
Matter No. 803, 17 February 1998) preliminary injunction can be heard. In no case shall
the total period of effectivity of the temporary
TRO cannot be issued ex parte TN!
restraining order exceed twenty (20) days, including
It can only be issued after a hearing the original seventy-two hours provided herein.
After 20 days TRO cannot be extended The court cannot be issued a 72 hr TRO there must
be a prayer in the complaint stating that the
The lifetime of TRO cannot be extended
issuance of TRO is extremely urgent such that there
If it is alleged in the application or in the affidavit of is a need for the court to issue a 72 hr – this time it
the applicant that he would suffer great or can be issued ex parte
irreparable injury the court may issue a TRO after
Keyword: extreme urgency
hearing. Within 20 day period the court has to
conduct another hearing to determine WON a writ Knsay maka isaue ug 72 hr TRO?
of PI would be granted
- Executive judge in multiple sala courts
2 hearing:
- If single sala judge – presiding judge of that
1. Hearing for TRO – if grant sala who can issue 72 hr TRO
2. . another hearing to be conducted within 20 - 72 hr applicable ra sa naay manual raffle di
day period WON the court should issue writ na applicable sa court na naay automatic
of PI raffle
Unsa nang writ PI? Asa mg sugod ihap ang 72 hr?
Continuation sa TRO but that is another order - From the issuance , usually upon the
ang TRO 20 days raman issuance served daun sa sheriff on the
defendant, and the 72 hr will start to run
So if mg issue of writ of PI that is up to the
termination of the case - Ng served sa order must be coupled with
service of summons sa defendant
Ex:ang P ng apply ug TRO so hearingon sa court
present ug witness I convince ang court that he will Within the period of 72 hr the branch where the case
sustain irreparable injury so that the court will grant is raffled should immediately conduct a hearing to
the TRO determine WON a TRO shall be issued, referring the
TRO which would last 20 days, if court will issue 20
Unsay mahitabo if I grant sa court ang TRO?
day TRO the 72hr should be included in the counting
- There is another hearing to determine if writ of the 20 day period.
of PI can be issued.
What will happen if the court will issue TRO? TRO 20
Ang evidence na I use s hearing sa TRO same rai use days and it has not yet decided to issue PI?
sa PI. (ex: testimony)
- TRO will automatically dissolved there is no
1. Hearing prior to the issuance of TRO need to issue another order to dissolved,
2. Another hearing b4 issuance of PI - After 20 day automatic dissolved , it cannot
be extended unless the court will issue a writ
However, and subject to the provisions of the
of PI
preceding sections, if the matter is of extreme
urgency and the applicant will suffer grave injustice Exception: one instance na pede ma extend- BPI v
and irreparable injury, the executive judge of a CA june 8 2006
multiple-sala court or the presiding judge of a single
sala court may issue ex parte a temporary
Judge Victorio, in an order dated April 14, 1998, - It would also expire unless issued a 20 day
issued a TRO for five days, then, in an order dated TRO Lago case
April 15, 1998, extended it for fifteen more days,
- Even if the judge issued 72 hr TRO there
totaling twenty days. However, in the first order,
should be a hearing before a judge may
Judge Victorio excluded Saturdays and Sundays;
issue the 20 day TRO
and in the latter order he added legal holidays to
the exclusions. As quoted above, a TRO is effective - The issuance of the TRO is applicable only
only for a period of twenty days from notice to the when there is extremely urgency in order to
party sought to be enjoined. The rule does not avoid grave injustice or irreparable injury, 72
specify that the counting of the twenty-day period hr TRO issued by exec judge or presiding
is only limited to working days or that Saturdays, judge of a single sala court effective only 72
Sundays and legal holidays are excluded from the hr issuance. Liamzon v Logronio June 26 2007
twenty-day period. The law simply states twenty
days from notice. Section 1, Rule 22 of the Rules of
Court is pertinent However, and subject to the provisions of the
preceding sections, if the matter is of extreme
RULING:
urgency and the applicant will suffer grave injustice
It is clear from the last sentence of this section that and irreparable injury, the executive judge of a
non-working days (Saturdays, Sundays and legal multiple-sala court or the presiding judge of a single-
holidays) are excluded from the counting of the sala court may issue ex parte a temporary
period only when the last day of the period falls on restraining order effective for only seventy-two (72)
such days. The Rule does not provide for any other hours from issuance but he shall immediately comply
circumstance in which non-working days would with the provisions of the next preceding section as
affect the counting of a prescribed period. Hence, to service of summons and the documents to be
Judge Victorio exceeded the authority granted to served therewith. Thereafter, within the aforesaid
lower courts, in Section 5, Rule 58 of the Rules of seventy-two (72) hours, the judge before whom the
Court, when he excluded non-working days from case is pending shall conduct a summary hearing to
the counting of the twenty-day period. determine whether the temporary restraining order
shall be extended until the application for
TEMPORARY RESTRAINING ORDER; JURISDICAL LIFE
preliminary injunction can be heard. In no case shall
SPAN. — It is worth noting, nonetheless, that Section
the total period of effectivity of the temporary
5, Rule 58 of the Rules of Court, as amended by
restraining order exceed twenty (20) days, including
Batas Pambansa Blg. 224 effective April 16, 1982,
the original seventy-two hours provided herein.
sets a specific period for the juridical life span of a
TRO. In the event that the application for preliminary
injunction is denied or not resolved within the said
The 20-day period of effectivity of a TRO is non-
period, the temporary restraining order is deemed
extendible; the restraining order automatically
automatically vacated. The effectivity of a
terminates at the end of such period without the
temporary restraining order is not extendible without
need of any judicial declaration to that effect. Any
need of any judicial declaration to that effect and
extension would, therefore, ordinarily, be
no court shall have authority to extend or renew the
disallowed. But, when injunction is subsequently
same on the same ground for which it was issued.
granted, as in the case at bar, any defect in the
order brought about by the extension of its One case: during the hearing of the TRO, the court
enforceability is deemed cured. Aquino v luntok denied the issuance of the TRO and at the same
april 5 1990 denied the issuance of PI, sakto ba ang judge sa pg
deny sa hearing?
Case of lago v abol jan 17 2011 – after the issuance
of 72hr TRO the executive judge of the multiple sala  Yes bec we are talking about denial EVY
court is bound to comply with the rule regarding the construction and development vs valiant oct
service of summons and it is to be served therein. 11 2017
IOW if the exec judge would issue 72 TRO when the  Moreover, the application for the issuance of
Sheriff served it to the defendant, it should be a writ of preliminary injunction may be
accompanied with service of summons. denied in the same summary hearing as the
application for the issuance of the
Supposed the judge does not issue TRO what will
temporary restraining order if the applicant
happen to the 72 hr TRO?

fails to establish requisites for the entitlement extent of the preliminary injunction or restraining
of the writ. order granted is too great, it may be modified. (6a)
 While Rule 58, Section 4(d)43 requires that
the trial court conduct a summary hearing in
every application for temporary restraining
order regardless of a grant or denial, Rule 58,
Section 5 requires a hearing only if an
application for preliminary injunction is
granted. Thus, Section 5 states that "[n]o
preliminary injunction shall be granted
without hearing and prior notice to the party
or person sought to be enjoined," Inversely
stated, an application for preliminary
injunction may be denied even without the
conduct of a hearing separate from that of
the summary hearing of an application for
the issuance of a temporary restraining
order.
In the event that the application for preliminary
injunction is denied or not resolved within the said
period, the temporary restraining order is deemed,
automatically vacated. The effectivity of a
temporary restraining order is not extendible without
need of any judicial declaration to that effect and
no court shall have authority to extend or renew the
However, if issued by the Court of Appeals or a
member thereof, the temporary restraining order
shall be effective for sixty (60) days from service on
the party or person sought to be enjoined. A
restraining, order issued by the Supreme Court or a
member thereof shall be effective until further
orders. (5a)
Section 6. Grounds for objection to, or for motion of
dissolution of, injunction or restraining order. — The
application for injunction or restraining order may be
denied, upon a showing of its insufficiency. The
injunction or restraining order may also be denied,
or, if granted, may be dissolved, on other grounds
upon affidavits of the party or person enjoined,
which may be opposed by the applicant also by
affidavits. It may further be denied, or if granted,
may be dissolved, if it appears after hearing that
although the applicant is entitled to the injunction or
restraining order, the issuance or continuance
thereof, as the case may be, would cause
irreparable damage to the party or person enjoined
while the applicant can be fully compensated for
such damages as he may suffer, and the former files
a bond in an amount fixed by the court conditioned
that he will pay all damages which the applicant
may suffer by the denial or the dissolution of the
injunction or restraining order. If it appears that the

PROVISIONAL REMEDIES
&
SPECIAL CIVIL ACTION
With:
Katarungang Pambarangay
Revised Rules in Summary Procedure
Revised Rules of Procedure for Small Claims
Source: JCL and JHS Notes

A.Y 2020 – 2021

PROVISIONAL REMEDIES In a Preliminary Attachment, certain properties,

either personal or real, of the defendant will be
Q: What do you mean by provisional? It is temporary.
placed under the custody of the court (custodia
The rules of Court provides for 5 Provisional Remedies. legis) for the satisfaction of the judgment that the
These are: claiming party may be obtained.
1 Preliminary Attachment In a Preliminary Attachment, the claiming party
2 Preliminary Injunction could be the plaintiff or it could be the defendant as
3 Receivership regards his counterclaim. So, Writ of Preliminary
4 Replevin attachment is not exclusively available to the
5 Support Pendente Lite plaintiff. It could be available by any claiming party.
There are however other provisional remedies that
are available or provided by other special laws. In The purpose of the Writ is to have security for the
other words, the provisional remedies provided by satisfaction of any favorable judgment that the
the Rules of Court are not exclusive enumeration. claiming party may have later on. If the obligation
of the defendant is secured such as it is secured by
EXAMPLE: In VAWC cases, the offended party may a Real Estate Mortgage, the writ of Preliminary
avail of the provisional remedy of Temporary Attachment is not available.
Protection Order (TPO).
EXAMPLE: In a Petition for Writ of Amparo, the Preliminary Attachment is not available in all cases.
petitioner may avail of witness protection order or It is only applicable to cases enumerated in Rule 57
temporary protection order, inspection and Sec. 1 (Grounds upon which attachment may issue).
production order.
Section 1. Grounds upon which attachment may
EXAMPLE: In Anti-Money Laundering Act (AMLA), the
government may also avail of the provisional
any time before entry of judgment, a plaintiff or any
remedy of the freeze order or the bank inquiry order.
proper party may have the property of the adverse
EXAMPLE: Under the Human Security Act, although
party attached as security for the satisfaction of any
this is already amended, provisional remedies are
judgment that may be recovered in the following
also available in this law.
cases:
EXAMPLE: Under Criminal Procedure, we have a
provisional remedy of Precautionary Hold Departure Usually, the application of preliminary attachment is
Order. incorporated in the complaint but if there is no
The provisional remedies provided by the Rules of application of preliminary attachment in the
Court are not exclusive. Provisional Remedies are complaint, it can be filed before the entry of
also called ANCILLARY or AUXILIARY REMEDIES. In judgment or when the decision becomes final and
other words, provisional remedies presuppose that executory (which is a rare instance).
there is a main case. A provisional remedy is resorted
to protect and preserve certain rights and interest in a In an action for the recovery of a specified
a pending case. amount of money or damages, other than
moral and exemplary, on a cause of action
Q: What court could grant the provisional remedies? arising from law, contract, quasi-contract,
A: Any court either the first level court or the second delict or quasi-delict against a party who is
level court may grant any of these provisional about to depart from the Philippines with
remedies provided the main case is within the
intent to defraud his creditors;
jurisdiction of that court or is pending in that court.
EXAMPLE: In an ejectment case, it is within the Specified amount of money or damages, this refers
jurisdiction of the first level courts, In this case, the 1 st to “actual damages” and does not include moral
level court where the case is pending and if it is and exemplary or liquidated damage. The main
appropriate or proper may grant such remedy filed. case could be a sum of money or damages other
than moral or exemplary. For example in quasi-
delict, a pedestrian was hit by a car, he seeks for
actual damages. The basis for the issuance of writ of
RULE 57: PRELIMINARY ATTACHMENT

preliminary attachment is the prayer for actual removed, or disposed of to prevent its being
damages. found or taken by the applicant or an
authorized person;
Q: In contract of loan, Mr. A borrowed money from
Mr. B and Mr. A failed to pay despite demand. Mr. B The main case here could be recovery of ownership
sued Mr. A in court. Is Preliminary Attachment in an action to recover the possession of property.
available to B if he can show that A is already
insolvent at the time the case was filed in court? d In an action against a party who has been
A: No, mere failure to pay is not a ground for guilty of a fraud in contracting the debt or
preliminary attachment. It must be that the incurring the obligation upon which the
defendant is about to depart from the Philippines action is brought, or in the performance
with intent to defraud his creditors. According to the thereof;
Supreme Court, mere action of sum of money or
In the crime of estafa by issuing a check, in order to
mere inability to pay is not synonymous with
constitute estafa, the check must be issued
fraudulent intent not to honor an obligation.
simultaneous with the incurring of the obligation. In
Q: Suppose A, the debtor who is now a defendant is
other words, there is fraud in incurring the obligation
about to depart in the Philippines?
or in contracting the debt.
A: The answer is still no, the mere fact that the
defendant is about to depart the Philippine is not EXAMPLE: Mr. A incurred a loan and he executes a
sufficient. It must be coupled with to intent to Real Estate Mortgage but in truth, he is not the owner
defraud his creditors. of the property therefore he has no right over such
Q: What if he went abroad is only for 1 week or is a property. There is fraud committed when he incurred
business related trip? Is intent to defraud? the obligation.
A: No, the mere fact the defendant is about to
Another situation in Par. (d), wherein the issuance of
depart is not sufficient. It must be coupled with intent
the writ is warranted is that when the defendant
to defraud his creditors. If the defendant will depart
committed fraud in the performance of his
with no definite date of return, then that can be
obligation.
taken that the defendant has the intent to defraud
his creditors. EXAMPLE: The incurred a loan and upon payment
TAKE NOTE: Preliminary attachment can be available the check bounced. In this instance, if the aggrieved
in criminal cases. (Rule 127) party will file a collection of sum of money, he can
apply for Preliminary Attachment because the
b In an action for money or property
defendant committed fraud either in the incurring of
embezzled or fraudulently misapplied or
the obligation or in the performance of the
converted to his own use by a public officer,
obligation.
or an officer of a corporation, or an
attorney, factor, broker, agent, or clerk, in Another situation, the defendant incurred a loan
the course of his employment as such, or by and upon payment of check, it bounced despite
any other person in a fiduciary capacity, or demand no payment was made. If the creditor files
for a willful violation of duty; a collection suit, he can ask for the issuance of
preliminary attachment because the defendant
The main case here could be a criminal case such
committed fraud in the performance of his
as malversation or estafa because the accused has
obligation.
misappropriated money or property or converted
such money or property to his own use. The intent to Q: Mr. A contracted a loan with Mr. B. When the loan
defraud is not necessary because the basis of the became due and payment of check was made, the
application of the Writ of Preliminary Attachment is check presented was dishonored by the bank. If Mr.
the nature of the case. B would file a case of collection suit against Mr. A, is
he entitled to the issuance of the writ of preliminary
c In an action to recover the possession of attachment?
property unjustly or fraudulently taken, A: Yes, because the defendant committed fraud in
detained or converted, when the property, the performance of his obligation. But if the
or any part thereof, has been concealed,
defendant did not issue any check, the plaintiff is not If the defendant is not residing in the Philippines and
entitled to the issuance of Preliminary Attachment also not found, an action purely in personam will not
because there is no fraud committed. Mere inability prosper.
to pay or mere insolvency is not a ground for the
EXAMPLE: If there is a Korean tourist came to the
issuance of the writ of preliminary attachment.
Philippine who contracted a loan and he failed to
e In an action against a party who has pay and went home in Korea. A case will not prosper
removed or disposed of his property, or is because in Collection of Sum of money does not
about to do so, with intent to defraud his involve property so the case could be considered an
creditors; or action purely in personam.
Fraudulent selling wherein the person hides his Under Par. (f), a case or an action which is purely an
properties so his creditors cannot run after his action in personam and it is filed against a party who
properties. If the creditors would file a case against does not reside in the Philippines or on whom
the debtor who has removed or disposed his summons is served by publication. (Under Rule 14,
property or is about to do so, an application for summons can be served by publication if the
preliminary attachment. defendant is not residing in the Philippines and as
long as it involves property or status of the plaintiff or
f In an action against a party who does not defendant, the said action could be either action in
reside and is not found in the Philippines, or rem or quasi in rem.) For the court to acquire
on whom summons may be served by jurisdiction over the case, it will be converted from
publication. an action purely in personam to an action quasi in
rem by attaching the property of the defendant
This is a different ground because under Sec. 1(f), the given that the defendant has a property.
purpose of the issuance of the preliminary
attachment is for the court to acquire jurisdiction EXAMPLE: The defendant is already abroad and he
over the case. In service of summons, when the has a car in the Philippines, it could be that the
defendant is not the resident of the Philippines and plaintiff will file a motion for the issuance for the writ
also not found in the Philippines, the case that can of preliminary attachment to attach the said car. The
be filed against him is only the case that involves the purpose of which is for the court to acquire
status of the plaintiff or involving properties of the jurisdiction over the case. Once the car is attached,
defendant because these cases are considered the case now is converted from an action in
action in rem and action quasi in rem. personam to an action quasi in rem. *An action quasi
in rem is directed over a person but for the purpose
*THROWBACK: Action in personam and personal of subjecting his property to a lien or to dispose of the
action are two different things. When we say property.*
personal action, that has something to do with the
subject matter of the case and is related to venue. Once the case is converted form an action in
A real action is an action that involves title to or personam to an action quasi in rem, the court has
possession of or any interest over real property while jurisdiction over the property (res). If the property is
personal action are all other actions which does not under custodial legis, acquiring jurisdiction over the
involve title to or possession of or any interest over person of the defendant is no longer needed. It is
real property such as collection of sum of money or enough that the court has acquired jurisdiction over
action for damages. Personal Action has something the property, however, service of summons upon the
to do with the subject matter of the case. defendant would still be necessary but the purpose
of such service is not anymore to acquire jurisdiction
Action in Personam and Action in Rem or Action over the person of the defendant but the purpose is
Quasi in Rem, these actions have something to do to comply with the requirements of due process.
with the binding effect of the decision of the court. Such that, after the court has acquired jurisdiction
An action in rem, the decision of the court is binding over the res through the issuance of the writ of
against the whole world, whereas an action in preliminary attachment, there is no need to acquire
personam, the decision is binding upon the parties. the jurisdiction over the person of the defendant but
END*

service of summons is still required for due process. By complaint itself (at the commencement of the
this time, summons by publication is allowed. action). The motion or application could also be filed
before entry of judgment or before the judgment has
Q: Is it necessary that the defendant be notified by
become executory.
the publication? No, as long as the summons is
published, requirements of due process have been To repeat, a Writ of Preliminary Attachment is only
complied with. proper when there is no security for the satisfaction
of the obligation. So if the obligation of the
Q: What kind of attachment is Preliminary
defendant is secured by a Real Estate Mortgage or
Attachment?
is secured by a lien, preliminary attachment is not
A: Preliminary Attachment is one issued at the
available.
commencement of the action or at any time before
entry of judgment as security for the satisfaction of Tsuneishi Heavy Industries Inc. vs MIS Maritime Corp,
any judgment that may be recovered in the case G.R. No. 193572, April 4, 2018
provided by the rules.
The defendant contracted by another to repair his
Q: What is GARNISHMENT? ship but failed to pay. The repairer of the ship has a
A: This is a kind of attachment in which the plaintiff lien on such ship. So, he filed a collection of sum of
reaches the intangible property or credits belonging money with prayer for the issuance of writ of
to the defendant and owing to him a third person preliminary attachment.
who is a stranger to the litigation. For example, if the
The Supreme Court ruled that there is no need for the
defendant has bank deposits, the court issued Writ
court to issue a Writ of Preliminary Attachment
of Preliminary Attachment. However, the writ is not
because the obligation of the defendant is already
sufficient to satisfy amount needed by the court.
secured by the Maritime Lien. Where a lien already
Then, there is another kind of attachment to be
exist such as a Maritime Lien, the issuance of writ of
given to the bank which is GARNISHMENT.
preliminary attachment is not necessary and would
It does not involve the actual cession of the property be superfluous because the maritime lien is
which remains in the hands of the garnishee. equivalent to an attachment.
Garnishment shall be issued by the sheriff which will
TAKE NOTE: The idea is if there is already security for
only inquire the bank as to the existence of the bank
the performance of the obligation, writ of preliminary
deposits of the defendant. If there is, the bank will
attachment is not available. The writ is only available
hold such deposits for withdrawal by the defendant.
for cases under this section is provided there is no
The garnishee is merely required to keep the deposit
security for the performance or satisfaction of the
and should not allow the defendant to withdraw
obligation.
them. This attachment is usual if there are bank
deposits. Section 2. Issuance and contents of order. – An order
Another is LEVY ON EXECUTION and this also is of attachment may be issued either ex parte or upon
otherwise known as Final Attachment. This is the writ motion with notice and hearing by the court in which
issued where the property of the defendant is taken the action is pending, or by the Court of Appeals or
after judgment has become final and executory. This the Supreme Court, and must require the sheriff of
is mentioned in Rule 39 where the decision was the court to attach so much of the property in the
already final and executory, where the defendant Philippines of the party against whom it is issued, not
who was ordered to pay a certain sum of money but exempt from execution, as may be sufficient to
did not pay. So, the plaintiff would file a motion for satisfy the applicant’s demand, unless such party
the issuance of writ of execution. The defendant has makes deposit or gives a bond as hereinafter
no money to pay, so the sheriff will levy the properties provided in an amount equal to that fixed in the
of the defendant. order, which may be the amount sufficient to satisfy
the applicant’s demand or the value of the property
Q: When is Writ of Preliminary Attachment to be attached as stated by the applicant, exclusive
applicable? of costs. Several writs may be issued at the same time
A: Usually the application for the issuance of the writ to the sheriffs of the courts of different judicial
of Preliminary Attachment is included in the regions.
Under this section, in the issuance of preliminary In this case, the Supreme Court stated the three
attachment, there are 3 stages: stages in the valid service of writ of preliminary
attachment which is issuance of order granting the
1 The issuance of the order granting the motion
application or motion, issuance of the writ itself, and
– the first step is for the court to issue an order
enforcement ofrexecution of the writ issued by the
granting the motion. The court will see if there
court.
are grounds. (Ex Parte)
2 After the court has issued the order granting Section 3. Affidavit and bond required. — An order of
the application or the motion, the next step attachment shall be granted only when it appears
is the issuance of the writ itself by the clerk of by the affidavit of the applicant, or of some other
court upon the instruction of the judge. (Ex person who personally knows the facts, that a
Parte) sufficient cause of action exists, that the case is one
3 Enforcement or the Execution of the writ by of those mentioned in section 1 hereof, that there is
the sheriff. no other sufficient security for the claim sought to be
enforced by the action, and that the amount due to
As regards the first two steps are concerned, the
the applicant, or the value of the property the
same can be done ex parte. In other words, the
possession of which he is entitled to recover, is as
court may issue the order granting the application
much as the sum for which the order is granted
ex parte. EX PARTE mans without the participation or
above all legal counterclaims. The affidavit, and the
notice by the defendant. It is advantageous if the
bond required by the next succeeding section, must
defendant is not notified because the defendant
be duly filed with the court before the order issues.
has the intent to depart coupled with intent to
defraud or he has been disposing his properties, this Q: What are the requirements for the issuance of writ
could mean that he could sell all his properties of preliminary attachment?
because the court can take it into its custody.
A: It is found under Sections 1-3:
The issuance of the order granting the motion as well
as the issuance of the writ could be done ex parte 1 The cases – in order that the writ of
but when the writ is being enforced, it must be preliminary attachment could be validly
preceded or coupled with service of summons. This issued, it must be any of the cases mentioned
means that the complaint and its attachments, writ in Sec. 1 Rule 57.
of preliminary attachment, order of the court and 2 The applicant must file a motion or an
service of summons must be served together to the application which is usually incorporated in
defendant, (This is what we call CONTEMPORANEOUS the complaint and the complaint must be
SERVICE OF SUMMONS.) otherwise the enforcement verified. Aside from that, in the complaint
of the writ would be void. It is possible that the writ wherein the application for writ of preliminary
was properly issued but can be voided if in the attachment is incorporated, it will also state
enforcement of the execution, the same is not in the writ the grounds (those cases
preceded with or contemporaneously served with mentioned in Sec. 1) and also there is no
summons together with the copy of the complaint sufficient security on the satisfaction on the
and its annexes and the copy of the order of the obligation of the defendant.
court granting the application of preliminary 3 The complaint must be accompanied with
attachment. an affidavit where it will state also the
grounds for the issuance of writ of preliminary
BAC Manufacturing and Sons Corp vs CA 200 SCRA attachment that the case is one of those
40 & mentioned in Sec. 1 Rule 57 and that there is
no sufficient security. (Almost the same with
Implementation of the Writ of Preliminary
the complaint)
Attachment without the required jurisdiction over his
person is null and void. Remember the Affidavit of Merit in Motion to Set
Mangila vs CA, G.R. No. 125027, Aug 12,2002 Aside Default Order. In the motion, it already
included the circumstances of FAME and meritorious
defense, other than that an Affidavit of Merit is

attached where it reiterated the contents on the and execution in the action, only so much of the
motion. The affidavit will be attached in the property in the Philippines of the party against whom
complaint. the writ is issued, not exempt from execution, as may
be sufficient to satisfy the applicant’s demand,
4 The applicant must post a bond executed in
unless the former makes a deposit with the court
favor to the adverse party.
from which the writ is issued, or gives a counter-bond
After the court has granted the application or executed to the applicant, in an amount equal to
motion, the clerk of court should not issue the writ the bond fixed by the court in the order of
unless the plaintiff has posted a bond. In the order attachment or to the value of the property to be
issued by the court granting the application or the attached, exclusive of costs. No levy on attachment
motion, the court has to fix a bond to be posted by pursuant to the writ issued under section 2 hereof
the plaintiff. The bond must be posted before the shall be enforced unless it is preceded, or
issuance of the writ by the clerk of court. contemporaneously accompanied, by service of
summons, together with a copy of the complaint,
Q: What is the purpose of the bond? the application for attachment, the applicant’s
A: The purpose of the bond is to answer whatever affidavit and bond, and the order and writ of
damages the defendant may suffer by virtue of the attachment, on the defendant within the Philippines.
issuance of the writ of preliminary attachment
 In this section, upon the execution or
especially if later on it would be found that the
enforcement of the writ, it must be coupled
plaintiff is not entitled to the issuance of the writ. This
with service of summons.
is called ATTACHMENT BOND.
Q: What will happen if the writ is enforced without the
CASES TO READ:
service of summons or without the defendant
Carlos vs. Sandoval, G.R. No. 179922, Dec. 16, 2008 contemporaneously served with summons?
Watercraft Venture Corporation vs Wolfe, G.R. No. A: The execution of the writ is void and the properties
181721 Sept 9, 2015 would be returned to the defendant.
TAKE NOTE: Among the provisional remedies, the Torres vs Satsatin, G.R. No. 166759, Nov. 25, 2009
common requisites are Affidavit and Bond except in Q: After the enforcement, the sheriff took the
a Petition for Support Pendente Lite because it does properties of the defendant without service of
not require a bond. summons. Later on, a service of summons was
served. Would the service of summons cure the
Section 4. Condition of applicant’s bond. – The party defect in the implementation of the writ?
applying for the order must thereafter give a bond A: No, the subsequent service of summons upon the
executed to the adverse party in the amount fixed defendant would not cure the defect.
by the court in its order granting the issuance of the
writ, conditioned that the latter will pay all the costs According to the Supreme Court, in provisional
which may be adjudged to the adverse party and remedies particularly that of preliminary
all damages which he may sustain by reason of the attachment, the issuance and implementation of
attachment, if the court shall finally adjudge that the the writ is of utmost importance to the validity of the
applicant was not entitled thereto. writ. In this case, the Supreme Court reiterated the
three stages in the granting of preliminary
 In this section, the bond will be produced attachment which are issuance of the order
before the clerk of court will issue the writ but granting the application or the motion, issuance of
after the court has granted the application the writ itself and the implementation of the writ.
or motion. The purpose of which is to answer
whatever damages the defendant may According to the Supreme Court, the subsequent
suffer by reason of the issuance of the writ. service of summons does not confer a retroactive
acquisition of jurisdiction over the person of the
Section 5. Manner of attaching property. – The sheriff defendant because the law does not allow for the
enforcing the writ shall without delay and with all retroactivity of a service.
reasonable diligence attach, to await judgment

Q: Suppose the defendant cannot be served with the property has been brought under the
summons because he is not residing in the operation of either the Land Registration Act
Philippines? A: The contemporaneous service could or the Property Registration Decree, the
be excused. (As mentioned in the last paragraph of notice shall contain a reference to the
Sec. 5) number of the certificate of title, the volume
and page in the registration book where the
The requirement of prior or contemporaneous
certificate is registered, and the registered
owner or owners thereof.
The registrar of deeds must index
attachments filed under this section in the
names of the applicant, the adverse party, or
absent therefrom, or the defendant is a non-resident
the person by whom the property is held or in
whose name it stands in the records. If the
in rem.
attachment is not claimed on the entire area
Section 6. Sheriff’s return. – After enforcing the writ, of the land covered by the certificate of title,
the sheriff must likewise without delay make a return a description sufficiently accurate for the
thereon to the court from which the writ issued, with identification of the land or interest to be
a full statement of his proceedings under the writ and affected shall be included in the registration
a complete inventory of the property attached, of such attachment
together with any counter-bond given by the party b Personal property capable of manual
against whom attachment is issued, and serve delivery, by taking and safely keeping it in his
copies thereof on the applicant. custody, after issuing the corresponding
receipt therefor;
 After the implementation of the writ, the
c Stocks or shares, or an interest in stocks or
sheriff is required to make a report of the
shares, of any corporation or company, by
service of summons or return.
leaving with the president or managing
Section 7. Attachment of real and personal property; agent thereof, a copy of the writ, and a
recording thereof. – Real and personal property shall notice stating that the stock or interest of the
be attached by the sheriff executing the writ in the party against whom the attachment is issued
following manner: is attached in pursuance of such writ;
d Debts and credits, including bank deposits,
a Real property, or growing crops thereon, or
financial interest, royalties, commissions and
any interest therein, standing upon the
other personal property not capable of
record of the registry of deeds of the
manual delivery, by leaving with the person
province in the name of the party against
owing such debts, or having in his possession
whom attachment is issued, or not appearing
or under his control, such credits or other
at all upon such records, or belonging to the
personal property, or with his agent, a copy
party against whom attachment is issued
of the writ, and notice that the debts owing
and held by any other person, or standing on
by him to the party against whom
the records of the registry of deeds in the
attachment is issued, and the credits and
name of any other person, by filing with the
other personal property in his possession, or
registry of deeds a copy of the order,
under his control, belonging to said party, are
together with a description of the property
attached in pursuance of such writ;
attached, and a notice that it is attached, or
e The interest of the party against whom
that such real property and any interest
attachment is issued in property belonging to
therein held by or standing in the name of
the estate of the decedent, whether as heir,
such other person are attached, and by
legatee, or devisee, by serving the executor
leaving a copy of such order, description,
or administrator or other personal
and notice with the occupant of the
representative of the decedent with a copy
property, if any, or with such other person or
of the writ and notice that said interest is
his agent if found within the province. Where
attached. A copy of said writ of attachment
and of said notice shall also be filed in the Q: Can a property under Custodia Legis be
office of the clerk of the court in which said attached? (last paragraph)
estate is being settled and served upon the A: Yes, under Sec. 7, if the property sought to be
heir, legatee or devisee concerned. attached is in custodia Legis even if already
If the property sought to be attached is in custodia subjected to replevin can be attached. A copy of
legis, a copy of the writ of attachment shall be filed the writ shall be filed with the proper court or quasi-
with the proper court or quasi-judicial agency, and judicial agency and notice of the attachment
notice of the attachment served upon the custodian served upon the custodian of such property.
of such property. The bank who is served with a copy of the writ of
In this section, it us the procedure for conducting levy attachment is duty bound to keep the deposit and
on attachment on different kinds of properties. should not allow defendant to withdraw the same
and to wait for the termination of the case. So that
 Personal properties – by taking and safely when the plaintiff would eventually win the case, the
keeping the same in his custody after issuing sheriff would go back to the bank and would require
the corresponding receipt therefore (letter b) such bank to pay the amount equivalent to the
 Real properties – the sheriff has to do is to file amount that the defendant is obliged to pay to the
in the Registry of deeds the order of the writ plaintiff. In other words, whenever there is
of preliminary attachment. (letter a) garnishment issued, there would a so called FORCE
 Shares of stocks – the sheriff will give the NOVATION. For example in bank deposits, the bank
president or managing agent of the is the debtor, the depositor is the creditor, the bank
corporation, a copy of the writ as well as the instead of paying the depositor, and he will pay to
notice stating that the stock or interest of the the plaintiff.
party against whom the attachment is issued
is pursuant to such writ. (letter c) Section 8. Effect of attachment of debts, credits and
 Debts and credits including bank deposits – all other similar personal property. – All persons
by leaving with the persons owing such debts having in their possession or under their control any
or having disposition or under his control such credits or other similar personal property belonging
credits or personal property or with his agent to the party against whom attachment is issued, or
a copy of the writ and notice that the debts owing any debts to him, at the time of service upon
owing by him to the person against whom them of the copy of the writ of attachment and
attachment is issued and the credits and notice as provided in the last preceding section, shall
other personal property in his possession or be liable to the applicant for the amount of such
under his control belonging to said party are credits, debts or other similar personal property, until
attached pursuant to such writ. With a notice the attachment is discharged, or any judgment
that the defendant should not be allowed to recovered by him is satisfied, unless such property is
withdraw such deposits and the deposits shall delivered or transferred, or such debts are paid, to
be kept by the garnishee. (letter d) the clerk, sheriff, or other proper officer of the court
issuing the attachment.
TAKE NOTE: The bank is not a party to the case and
there is no need to issue summons to the bank. The Section 9. Effect of attachment of interest in property
service of the order of the writ upon the bank is belonging to the estate of a decedent. – The
sufficient. The garnishee has to keep the amount and attachment of
not to allow the defendant to withdraw until the the interest of an heir, legatee, or devisee in the
case is terminated. property belonging to the estate of a decedent shall
not impair the powers of the executor, administrator,
Q: What about if the defendant is already dead?
or other personal representative of the decedent
How is the writ of attachment served? (letter e)
over such property for the purpose of administration.
A: A copy of the writ is to be served to the executor
Such personal representative, however, shall report
or administrator or other personal representative of
the attachment to the court when any petition for
the deceased. A copy thereof also shall be filed in
distribution is filed, and in the order made upon such
court where the intestate proceedings are being
petition, distribution may be awarded to such heir,
heard.
legatee, or devisee, but the property attached shall be deposited in court to abide the judgment
be ordered delivered to the sheriff making the levy, in the action.
subject to the claim of such heir, legatee, or devisee,
Q: What would be the course of action after the
or any person claiming under him.
court has granted the issuance of writ of preliminary
attachment?
Section 10. Examination of party whose property is
A: Under Sec. 2 of Rule 57, the immediate remedy of
attached and persons indebted to him or controlling
the defendant after the writ of preliminary
his property; delivery of property to sheriff. – Any
attachment is issued, is to make a cash deposit in the
person owing debts to the party whose property is
court equivalent to the amount of his obligation.
attached or having in his possession or under his
control any credit or other personal property TAKE NOTE: The three stages in the granting of
belonging to such party, may be required to attend preliminary attachment which is the issuance of the
before the court in which the action is pending, or order granting the writ, issuance of the writ itself, and
before a commissioner appointed by the court, and implementation of the writ. The first two stage are
be examined on oath respecting the same. The done ex parte so most likely in the third stage, the
party whose property is attached may also be defendant will know that the sheriff will notify him of
required to attend for the purpose of giving the properties to be levied or garnished.
information respecting his property, and may be
examined on oath. The court may, after such Q: So what is the remedy of the defendant in order
examination, order personal property capable of to lift the Writ of Preliminary Attachment and so that
manual delivery belonging to him, in the possession his properties will be returned and he can now
of the person so required to attend before the court, withdraw from his bank deposit?
to be delivered to the clerk of the court or sheriff on A: The defendant has to make a cash deposit in
such terms as may be just, having reference to any court equivalent to the value of the obligation or
lien thereon or claim against the same, to await the another way is to post counter bond in the amount
judgment in the action. equivalent to the value of his obligation.
Q: What is the purpose of the cash deposit or counter

Section 11. When attached property may be sold bond?
after levy on attachment and before entry of A: It will serve as security for the plaintiff whatever
judgment. – Whenever it shall be made to appear to favorable judgment the plaintiff may have later on.
the court in which the action is pending, upon
Section 12. Discharge of attachment upon giving
hearing with notice to both parties, that the property
counter-bond. – After a writ of attachment has been
attached is perishable, or that the interests of all the
enforced, the party whose property has been
parties to the action will be subserved by the sale
attached, or the person appearing on his behalf,
thereof, the court may order such property to be sold
may move for the discharge of the attachment
at public auction in such manner as it may direct,
wholly or in part on the security given. The court shall,
and the proceeds of such sale to be deposited in
after due notice and hearing, order the discharge of
court to abide the judgment in the action.
the attachment if the movant makes a cash deposit,
 Under this section, this is about perishable or files a counter-bond executed to the attaching
goods. The general rule is that property party with the clerk of the court where the
subject to attachment shall not be disposed application is made, in an amount equal to that
because the same should wait for the fixed by the court in the order of attachment,
outcome of the case. The properties are exclusive of costs. But if the attachment is sought to
under custodia legis for the plaintiff to have be discharged with respect to a particular property,
something in case he will win. The properties the counter-bond shall be equal to the value of that
attached would serve as a security. property as determined by the court. In either case,
Exception is if the attached properties are the cash deposit or the counter-bond shall secure
perishable goods, the same have to be sold the payment of any judgment that the attaching
at a public auction and the proceeds shall party may recover in the action. A notice of the
deposit shall forthwith be served on the attaching

party. Upon the discharge of an attachment in improperly or irregularly issued or enforced, or that
accordance with the provisions of this section, the the bond is insufficient, or that the attachment is
property attached, or the proceeds of any sale excessive, and the defect is not cured forthwith.
thereof, shall be delivered to the party making the
deposit or giving the counter-bond, or to the person Q: What are the other grounds for the discharge or
appearing on his behalf, the deposit or counter- setting aside of the writ?
bond aforesaid standing in place of the property so A: In addition to cash deposit and counter bond,
released. Should such counter-bond for any reason 1 When the writ of attachment is improperly
be found to be or become insufficient, and the party issued or improperly enforced. It must be
furnishing the same fail to file an additional counter- remembered that the writ of preliminary
bond, the attaching party may apply for a new attachment can only be issued based on
order of attachment. grounds under Sec. 1 Rule 57. If it is found
later on that the court committed error in
EXAMPLE: If the amount fixed by the court for the
issuing the writ then it could be set aside. Also,
attachment bond to be posted by the plaintiff is P1
if the writ was properly issued but there was
million. Then, all the defendant has to do is post the
defect in the enforcement because the
amount of P1 million as counter bond. However, the
defendant was not preceded or
order granting the preliminary attachment can be
contemporaneously served with summons,
issued ex parte but the order lifting or setting aside
then, it can be set aside because the
the writ of preliminary attachment by reason that the
enforcement is void.
defendant has posted a counter bond cannot be
2 When the bond posted by the plaintiff is
lifted ex parte. It can only be one after notice and
insufficient or invalid. There is this one case
hearing.
where the bonding company has not
Security Pacific Assurance Corp. vs Tria –Infante 468 obtained a clearance in the Supreme Court
SCRA 526 (G.R. No. 144740) and issued a bond. The bond was void and
the writ of preliminary attachment can be set
The posting of the counter bond does not aside. (Torres vs Satsatin, G.R. No. 166759,
automatically discharge the writ of attachment. It is Nov. 25, 2009). However, the writ of
only done after the hearing and after the judge has preliminary attachment can only be set
ordered the discharge of attachment. aside after notice and hearing.
3 When the properties attached are exempt
If the counter bond posted by the defendant is
from execution. Go back to Rule 39 which
insufficient then the plaintiff may file a motion for the
mentions that there are properties exempt
issuance of new attachment order.
from execution.
Section 13. Discharge of attachment on other 4 When the attachment is excessive. The
grounds. – The party whose property has been properties attached in excess of the amount
ordered attached may file a motion with the court in shall be returned to the plaintiff.
which the action is pending, before or after levy or 5 When the judgment is rendered against the
even after the release of the attached property, for plaintiff or attaching creditor.
an order to set aside or discharge the attachment 6 When the affidavit or the allegations in the
on the ground that the same was improperly or complaint are insufficient.
irregularly issued or enforced, or that the bond is
TAKE NOTE: Before the court should set aside the writ
insufficient. If the attachment is excessive, the
of preliminary attachment, there should be notice
discharge shall be limited to the excess. If the motion
and hearing to the plaintiff. (Magaling et. al vs Ong,
be made on affidavits on the part of the movant but
G.R. No. 173333, Aug. 13, 2008)
not otherwise, the attaching party may oppose the
motion by counter-affidavits or other evidence in Section 14. Proceedings where property claimed by
addition to that on which the attachment was third person. – If the property attached is claimed by
made. After due notice and hearing, the court shall any person other than the party against whom
order the setting aside or the corresponding attachment had been issued or his agent, and such
discharge of the attachment if it appears that it was person makes an affidavit of his title thereto, or right
to the possession thereof, stating the grounds of such A: Under Rule 39, Sec. 16, the remedy of the plaintiff
right or title, and serves such affidavit upon the sheriff is to put another bond. Attachment Bond and the
while the latter has possession of the attached bond which would answer whatever damage that
property, and a copy thereof upon the attaching the third party claimant may suffer. After the plaintiff
party, the sheriff shall not be bound to keep the would serve a bond, the sheriff can now proceed
property under attachment, unless the attaching with the attachment of the property.
party or his agent, on demand of the sheriff, shall file
Q: What is then the remedy of the third party
a bond approved by the court to indemnify the
claimant in order to vindicate his right over his
third-party claimant in a sum not less than the value
property if the plaintiff has posted a bond?
of the property levied upon. In case of disagreement
A: There are cumulative remedies available (pwede
as to such value, the same shall be decided by the
hutdon gamit ni tanan). Aside from the execution of
court issuing the writ of attachment. No claim for
terceria, he may file a motion for summary hearing
damages for the taking or keeping of the property
on his claim or file a motion to set aside the
may be enforced against the bond unless the action
attachment order over his property.
therefor is filed within one hundred twenty (120) days
from the date of the filing of the bond. If the court denied his motion, he may file a separate
The sheriff shall not be liable for damages for the civil action for the vindication of his right over the
taking or keeping of such property, to any such third- property attached by the sheriff. He can file a case
party claimant, if such bond shall be filed. Nothing for Recovery of Possession over the attached
herein contained shall prevent such claimant or any property. In that case of Recovery of Possession, he
third person from vindicating his claim to the can ask the court where it is filed to issue a temporary
property, or prevent the attaching party from restraining order or writ of preliminary injunction to
claiming damages against a third-party claimant enjoin the sheriff from attaching his property.
who filed a frivolous or plainly spurious claim, in the
same or a separate action. Traders Royal Bank vs Intermediate Appellate Court,
When the writ of attachment is issued in favor of the G.R. No. L-66321, Oct. 31, 1984
Republic of the Philippines, or any officer duly
Q: Is it possible that other court would enjoin, would
it not violate the Doctrine of Non-Interference of
required, and in case the sheriff is sued for damages
Judicial Stability?
as a result of the attachment, he shall be
represented by the Solicitor General, and if held A: No, according to the Supreme Court, it does not
liable therefor, the actual damages adjudged by constitute an interference with the writ of
the court shall be paid by the National Treasurer out attachment issued by the other court as that remedy
of the funds to be appropriated for the purpose. is sanctioned by the Rules of Court. There was also a
case wherein the writ of preliminary attachment
Q: Suppose there is a property attached which issued by the court did not mention “specific
belong to a third person. What is the remedy of the properties” but it mentioned only “properties”.
third person whose property is attached by the sheriff
Another remedy of the 3rd party claimant to
based on the writ of preliminary attachment issued
vindicate his right is to file an injunction to enjoin the
by the court?
sheriff from attaching his property. In that injunction
A: The third party claimant has only to execute an
case, he can apply for the issuance of TRO and Writ
affidavit and this is what we call as TERCERIA. In the
of Preliminary Injunction.
affidavit, it shall be stated the basis of his claim for
ownership or right of possession over the property Another remedy of the 3rd Party claimant is to file a
attached by the sheriff and a copy of his affidavit Motion for Intervention. A Motion for Intervention is
shall be given to the sheriff and to the plaintiff’s available by a person not party to a case but
counsel. Once the sheriff has received the affidavit interested to the property subject of the case before
of the 3rd party claimant, the sheriff is not anymore the court has rendered judgment. To connect this
duty bound to keep the property. with Rule 39, this is not available because Rule 39
presupposes that the decision has become final and
Q: What is the remedy of Plaintiff if the 3 rd part
executory.
claimant executed an affidavit?
Q: What is the difference between 3rd party claim Section 16. Balance due collected upon an
and 3rd party complaint? execution; excess delivered to judgment obligor. – If
A: A third-party claim is asserted through the service after realizing upon all the property attached,
of a summons and complaint by the defendant who including the proceeds of any debts or credits
for the purposes of the third-party claim is called the collected, and applying the proceeds to the
"Third-Party Plaintiff" while the third-party complaint satisfaction of the judgment, less the expenses of
does not commence a new action and there no filing proceedings upon the judgment, any balance shall
fee. remain due, the sheriff must proceed to collect such
balance as upon ordinary execution. Whenever the
Section 15. Satisfaction of judgment out of property judgment shall have been paid, the sheriff, upon
attached; return of sheriff. – If judgment be
reasonable demand, must return to the judgment
recovered by the attaching party and execution
obligor the attached property remaining in his
issue thereon, the sheriff may cause the judgment to
hands, and any proceeds of the sale of the property
be satisfied out of the property attached, if it be
attached not applied to the judgment.
sufficient for that purpose in the following manner:
a By paying to the judgment obligee the  Q: Suppose there is balance after
proceeds of all sales of perishable or other application of proceeds? The same shall be
property sold in pursuance of the order of the returned to the obligor.
court, or so much as shall be necessary to Section 17. Recovery upon the counter-bond. –
satisfy the judgment; When the judgment has become executory, the
b If any balance remains due, by selling so surety or sureties on any counter-bond given
much of the property, real or personal, as pursuant to the provisions of this Rule to secure the
may be necessary to satisfy the balance, if payment of the judgment shall become charged on
enough for that purpose remain in the sheriffs such counter-bond and bound to pay the judgment
hands, or in those of the clerk of the court; obligee upon demand the amount due under the
c By collecting from all persons having in their judgment, which amount may be recovered from
possession credits belonging to the judgment such surety or sureties after notice and summary
obligor, or owing debts to the latter at the hearing in the same action.
time of the attachment of such credits or
 Q: Suppose the Writ of Preliminary
debts, the amount of such credits and debts
Attachment was set aside because of the
as determined by the court in the action, and
counter bond posted by the defendant and
stated in the judgment, and paying the
the plaintiff won? Then the plaintiff now has
proceeds of such collection over to the
to run after the counter bond.
judgment obligee.
The sheriff shall forthwith make a return in writing to Section 18. Disposition of money deposited. – Where
the court of his proceedings under this section and the party against whom attachment had been
furnish the parties with copies thereof issued has deposited money instead of giving
counter-bond, it shall be applied under the direction
of the court to the satisfaction of any judgment
rendered in favor of the attaching party, and after
Under this section, this is about satisfaction of satisfying the judgment the balance shall be
judgment out of property attached. The plaintiff refunded to the depositor or his assignee. If the
already won and the property attached shall be judgment is in favor of the party against whom
used to satisfy the judgment. If for example, bank attachment was issued, the whole sum deposited
deposits or intangible properties, the sheriff will must be refunded to him or his assignee.
collect from all those persons having in their
possession credits belonging to the judgment  Q: What about if the defendant has made a
obligor. cash deposit? (A cash deposit is one of the
grounds for the setting aside of the writ of
 Q: What if the real properties or personal preliminary attachment) Under Sec. 18, the
properties? It shall be sold on execution. cash deposited by the defendant shall be

used to satisfy the obligation of the A: There is no problem because before issuing the
defendant adjudged by the court. writ, the plaintiff is required to post attaching bond.
The defendant has to claim damages against the
Section 19. Disposition of attached property where bond.
judgment is for party against whom attachment was Q: Is it possible that the plaintiff won and the
issued. – If judgment be rendered against the defendant can still claim?
attaching party, all the proceeds of sales and A: Yes, for example, when the issuance of the writ or
money collected or received by the sheriff, under when the writ was improperly issued or improperly
the order of attachment, and all property attached enforced. He could claim damages from the plaintiff
remaining in any such officer’s hands, shall be through the bond.
delivered to the party against whom attachment
was issued, and the order of attachment Carlos vs. Sandoval (471 SCRA 266)
discharged.
Under Sec. 20, even if the judgment of the court is in
 Q: Suppose the judgment is against the favor of the plaintiff, there is a possibility that the
plaintiff, then if the plaintiff has lost in the defendant can claim the damages based on the
case, then the writ of preliminary attachment issuance of the writ such as when the writ was
shall be absolved. That is another ground of improperly issued.
the dissolution of the writ when the judgment
of the court is against the attaching plaintiff. Q: In what court will he claim the damages? He
could claim for damages before the same court
Section 20. Claim for damages on account of where the case was pending.
improper, irregular or excessive attachment. – An
application for damages on account of improper, An application for damages on account of
irregular or excessive attachment must be filed improper, irregular or excessive attachment must be
before the trial or before appeal is perfected or filed before the trial or before appeal is perfected or
before the judgment becomes executory, with due before the judgment becomes executory, with due
notice to the attaching party and his surety or notice to the attaching party and his surety or
sureties, setting forth the facts showing his right to sureties, setting forth the facts showing his right to
damages and the amount thereof. Such damages damages and the amount thereof. Such damages
may be awarded only after proper hearing and shall may be awarded only after proper hearing and shall
be included in the judgment on the main case. be included in the judgment on the main case.
If the judgment of the appellate court be favorable Q: Suppose, it was declared during appeal the
to the party against whom the attachment was proper issuance of the writ, where will he claim for
issued, he must claim damages sustained during the damages?
pendency of the appeal by filing an application in A: He can claim for damages before the appellate
the appellate court, with notice to the party in whose court.
favor the attachment was issued or his surety or TAKE NOTE: The grounds of Sec. 1, the other requisites
sureties, before the judgment of the appellate court aside from the grounds, remedies of the defendant
becomes executory. The appellate court may allow to set aside writ of preliminary attachment.
the application to be heard and decided by the trial
court.
Nothing herein contained shall prevent the party RULE 58: PRELIMINARY INJUNCTION
against whom the attachment was issued from
recovering in the same action the damages Section 1. Preliminary injunction defined; classes. —
awarded to him from any property of the attaching A preliminary injunction is an order granted at any
party not exempt from execution should the bond or stage of an action or proceeding prior to the
deposit given by the latter be insufficient or fail to judgment or final order, requiring a party or a court,
fully satisfy the award. agency or a person to refrain from a particular act
or acts. It may also require the performance of a
Q: Suppose the defendant has suffered damages by
particular act or acts, in which case it shall be known
reason of the attachment?
as a preliminary mandatory injunction.

There are two kinds of Preliminary Injunction: certiorari, he has to pray for TRO and writ of
preliminary injunction.
1 Prohibitory - the adverse party is ordered to
refrain from doing a particular act Meralco vs Del Rosario 22 Phil. 433
2 Mandatory – to compel the performance of Q: There is a bar question which says the Nawasa
a particular act Water Company cutoff its water service to the
residence of Mr. X for non-payment of water bills for
Q: What is the purpose of Preliminary Injunction?
6 months. Mr. X claims that he had already paid all
A: To restore the status quo or preserve the status quo
his water bills as evidenced by receipts. Nawasa
Q: What do you mean by status quo? (LAPU) Water claims that the receipts were fake and
A: The Last, Actual, Peaceable, and Uncontested refused the water service to Mr. X’s residence. As
situation prior to the controversy. counsel for Mr. X, what action will you take and why?
A: As counsel for Mr. X, I would file an action for
Just like a preliminary attachment, preliminary
specific performance and damages and in the
injunction is just ancillary. It presupposes an existence
complaint I will ask for the issuance of TRO and Writ
of a main case.
of Preliminary Injunction.
Q: What is the main case for preliminary injunction?
A: The main case could be an Injunction. It could Section 2. Who may grant preliminary injunction. —
also be Specific Performance or it could be those A preliminary injunction may be granted by the court
Special Civil Actions like Certiorari, Prohibition or where the action or proceeding is pending. If the
Mandamus. action or proceeding is pending in the Court of
Appeals or in the Supreme Court, it may be issued by
Q: In a civil case, the defendant honestly believes said court or any member thereof
that the action is barred by res judicata because
there has been a prior judgment or final order issued Q: Who can grant preliminary injunction?
by the court. He filed a motion to dismiss but it was A: Same with other provisional remedies, this
denied. Considering that the order denying the provisional remedy can be granted by the court
motion to dismiss is merely an interlocutory order, he where the main case is pending. If the action is
cannot file appeal. What is the remedy? pending in the CA orin the SC, by said court or any
A: The remedy is to file a petition for Certiorari. (A member. TRO and writ of preliminary injunction could
Petition for Certiorari will not automatically stop the be issued by any member of the CA or SC.
proceedings.) So what then will he do? In his Petition
Q: Can the MTC issue an order of preliminary
for Certiorari, he must incorporate the prayer for the
injunction?
issuance for TRO and Writ of Preliminary injunction,
A: Yes, provided that the main case is pending in
asking the higher court where the petition is pending
that court and it has jurisdiction.
to issue and order restraining the lower court or
prohibiting the lower court from proceeding or Q: What is an example of a case where it is possible
requiring the lower court to stop the proceedings in for the MTC to issue an injunction?
that case. A: Ejectment cases and forcible entry case.
Q: Suppose a case is filed before the MTC, the There are limitations in the issuance of Preliminary
defendant claims that the action is incapable of Injunction
pecuniary estimation so he argued that the MTC has
no jurisdiction over the case but his motion to dismiss 1 The TRO or Preliminary Injunction issued by
is denied. What is the remedy to nullify the order of the court is effective only within its judicial
the court? region. Judicial region is same with our
A: He will file a Certiorari to the RTC, however, the political region.
Certiorari does not automatically stop the ◦ EXAMPLE: Region VII. It has no effect if it is
proceedings in the court. What if after the court has executed beyond its judicial region.
rendered a decision in the petition for certiorari then 2 It cannot be issued in Unfair Labor Practices
the proceedings in the lower court has already
become final. What will he do? In his petition for

◦ EXAMPLE: There are workers who will 7 Under RA No. 9136, the courts are also
strike, TRO is not the remedy to prohibited from issuing TRO or preliminary
prevent the strike. injunction against Transco (National
3 The RTC has no power to issue a TRO or Writ Transmission Corporation – government
of Preliminary Injunction against quasi-judicial owned electric company)
bodies. Remember Rule 43 which mentions 8 Under AM No. 99-10-05-0, March 10, 2007,
that the RTC has no jurisdiction over these courts are also enjoined or prohibited TRO or
administrative bodies. Writ of Preliminary Injunction against
4 A court cannot issue an injunction over an extrajudicial foreclosure of Real Estate
order or judgment rendered by a court of Mortgage unless accompanied by proof of
concurrent or coordinate jurisdiction. payment. The court cannot issue TRO and
Injunction except when there are receipts
◦ EXAMPLE: In RTC-Cebu City cannot issue
attached to the application showing that the
a writ of preliminary injunction in another
plaintiff who is the debtor have paid the
court located in Mandaue even if the
mortgagee. (!!!)
same level. It violates the Doctrine of
Q: What are the grounds or requisites for issuance of
Non-Interference or Judicial Stability
Preliminary Injunction?
except when a third party or stranger to
A: The grounds/requisites for the issuance of TRO or
the action asserts a claim to the property
PI are mentioned in Secs. 3 & 4 Rule 58 of the Rules
levied upon by the sheriff. If there is a 3 rd
of Court.
party claim it is allowed because the
Rules of Court provides. Q: What are these requisites?
5 The RTC has no jurisdiction to restrain or issue
A: These are also mentioned in the case of Bicol
a writ of preliminary injunction against the
Medical Center et al. vs Botor, G.R. No. 214073, Oct.
collector of customs involving the issuance of
4, 2017, the following are:
seizure and forfeiture order of imported
goods. RTC are precluded from assuming 1 The applicant must have a clear and
cognizance over matters which are within unmistakable right to be protected. This is
the exclusive jurisdiction of the collector of what we call RIGHT IN ESSE. In other words, he
customs even through petitions for certiorari, is entitled to the relief demanded.
2 There is a material and substantial invasion or
prohibition or mandamus. (!!!)
violation of such right on the part of the
◦ EXAMPLE: The Bureau of Customs will issue
defendant. In other words, it is similar tor
an order for the seizure and forfeiture of
citing the elements of the cause of action.
imported goods. The RTC cannot issue a
3 There is an urgent need for the writ to prevent
TRO or Writ of Preliminary Injunction if
an irreparable injury to the applicant.
there is a petition for certiorari filed in
court over that order involving that order Q: What is an IRREPARABLE INJURY?
issued by the collector of customs. A: It is an injury which is incapable of pecuniary
(Zamora vs Gako, A.M. No. RTJ 99-1484 estimation.
Oct. 24, 2000)
Q: You have house for lease and the lessee did not
◦ Bureau of Customs has exclusive
pay the rentals. You served a demand to vacate but
jurisdiction over seizure and forfeiture
the lessees still did not pay. You then filed a case of
cases under the Tariff and Customs
unlawful detainer. In your complaint, you prayed for
Code.
the issuance of TRO and Writ of Preliminary Injunction
6 The RTC cannot issue TRO or Writ of seeking damages if the lessee will not vacate the
Preliminary Injunction involving infrastructure property. Is the prayer for the issuance of TRO and
projects of the National Government. (!!!) Writ of Injunction valid?
◦ EXAMPLE: There is a project in DPWH, the A: No, the prayer can be denied. While it is true that
RTC cannot TRO to stop the infrastructure there is a damage that can be suffered but such
project by DPWH. (RA No. 8975) damage can be computed, it is capable of
pecuniary estimation so there is no basis for the

issuance of TRO or Writ of Preliminary Injunction. One or acts either for a limited period or
of the requisites is that the applicant or the plaintiff perpetually;
would suffer irreparable injury. b That the commission, continuance or non-
performance of the act or acts complained
Q: An example of irreparable injury is when you enroll
of during the litigation would probably work
in a school and the school rejected your enrollment
injustice to the applicant; or
without just cause. If you file a case against the
c That a party, court, agency or a person is
school for the refusal of enrollment and also praying
doing, threatening, or is attempting to do, or
that the court will issue TRO and Writ of Preliminary
is procuring or suffering to be done some act
Injunction. Is there an irreparable injury of the school
or acts probably in violation of the rights of
rejects your enrollment?
the applicant respecting the subject of the
A: Yes, there is an irreparable injury. The damages
action or proceeding, and tending to render
cannot be quantified and this is beyond pecuniary
the judgment ineffectual.
estimation. There must be an urgent need not just the
applicant or the plaintiff would suffer irreparable Section 4. Verified application and bond for
injury. There must be an urgent need for writ to preliminary injunction or temporary restraining order.
prevent irreparable injury to the plaintiff. — A preliminary injunction or temporary restraining
4 No other speedy, ordinary and adequate order may be granted only when:
remedy exit to prevent the infliction of
a The application in the action or proceeding
irreparable injury.
is verified, and shows facts entitling the
ADDITIONAL REQUISITES applicant to the relief demanded;
1 If the application for issuance for Preliminary So, if the application is incorporated in the
Injunction and TRO is included in the complaint, the complaint must be verified. If it is not
complaint, the complaint must be verified the motion must be verified and accompanied by
and accompanied by affidavit. In the an affidavit.
complaint, the grounds must be stated
(which mentions the four requisites b Unless exempted by the court, the applicant
mentioned above) and there is also an files with the court where the action or
affidavit to be executed. proceeding is pending, a bond executed to
2 There must be a notice and hearing prior to the party or person enjoined, in an amount to
the issuance of the TRO. Unlike preliminary be fixed by the court, to the effect that the
attachment, a TRO cannot be issued without applicant will pay to such party or person all
notice and hearing. An exception is the damages which he may sustain by reason of
issuance of the 72 hour TRO by the executive the injunction or temporary restraining order
judge. if the court should finally decide that the
3 After the issuance of the order granting the applicant was not entitled thereto. Upon
issuance of TRO, the plaintiff must post an approval of the requisite bond, a writ of
injunctive bond. There must be a bond to be preliminary injunction shall be issued.
posted by the plaintiff prior to the issuance of
Q: What is the purpose of an INJUNCTIVE BOND?
the TRO or Preliminary Injunction.
A: To answer whatever damage that the defendant
Section 3. Grounds for issuance of preliminary may suffer by reason of the issuance of the bond.
injunction. — A preliminary injunction may be Q: What if there is a public road that is closed, would
granted when it is established: you suffer irreparable injury or is the damage
a That the applicant is entitled to the relief capable of pecuniary estimation, what will you do?
demanded, and the whole or part of such A: You file the appropriate case then with prayer of
relief consists in restraining the commission or issuance of TRO and Injunction but one of the
continuance of the act or acts complained requisites is the posting of an injunction bond. In the
of, or in requiring the performance of an act order issued by the court granting the motion or
application, the court has to fix the amount of the

bond. After the posting of the bond, that is the time Under par.(d), before the issuance of the TRO or writ
that the writ is issued. of PI, there should be a hearing of the application.
c When an application for a writ of preliminary Previously, raffle was discussed. After the raffle, the
injunction or a temporary restraining order is court conducts a hearing whether or not a TRO shall
included in a complaint or any initiatory be issued within 24 hrs after receipt of the case
pleading, the case, if filed in a multiple-sala record.
court, shall be raffled only after notice to and
Q: Why is the case immediately set for hearing?
in the presence of the adverse party or the
A: Because there is a prayer or application for the
person to be enjoined. In any event, such
issuance of TRO. Therefore, it is urgent and the
notice shall be preceded, or
plaintiff would suffer irreparable injury if it will be
contemporaneously accompanied, by
delayed.
service of summons, together with a copy of
the complaint or initiatory pleading and the Q: What is a TRO?
applicant’s affidavit and bond, upon the A: A TRO is an order to maintain the status quo
adverse party in the Philippines. between or among the parties until the
However, where the summons could not be determination of the prayer for the issuance of
served personally or by substituted service preliminary injunction. The purpose of preliminary
despite diligent efforts, or the adverse party is injunction is to preserve the status quo and a status
a resident of the Philippines temporarily quo is the last actual peaceable and uncontested
absent therefrom or is a nonresident thereof, situation prior to the controversy. Before the issuance
the requirement of prior or of the preliminary injunction, there is a faster way that
contemporaneous service of summons shall could be prayed by the petitioner or plaintiff and
not apply. that is the issuance of a TRO which could last for 20
days.
Under here, if it is included in the complaint, the
prayer for the issuance of TRO or Writ of Preliminary Q: What is the difference between a TRO and a
Injunction, before the case is raffled, the raffle shall Status Quo Order?
only be held after notice to and the presence of the A: The purpose of TRO or Writ of Preliminary Injunction
defendant or the person to be enjoined. Such notice and Status Quo Order is to both preserve the status
of the raffle shall be preceded or quo and the difference are the following:
contemporaneously accompanied by service of 1 The status quo order is usually used only by
summons. So the notice of raffle already includes the the SC, whereas the TRO is issued by the SC
service of summons. If there is no notice, there is no and other lower courts.
raffle. However this is an urgent mater because there 2 The status quo order which is issued by the SC
is a TRO, so there is a special raffle. There are courts and none of the parties is asking for it but it is
where it is now subjected to electronic raffling, so only motu proprio that the SC would issue the
par.(c) in Sec 4 will not apply if the court is included same, whereas the TRO is prayed for by a
in what we call as E-COURT or ELECTRONIC COURTS. party or by the plaintiff.
There are still courts who will manually raffle a case. 3 The status quo order is based on equitable
If you file a case in an E-court, you an already grounds, whereas TRO’s issuance is based on
determine what court is your case raffled. the Rules of Court.
4 In a status quo order, bond is not required,
d The application for a temporary restraining whereas in the issuance of TRO bond is
order shall thereafter be acted upon only required unless the court would exempt the
after all parties are heard in a summary applicant.
hearing which shall be conducted within 5 In a status quo order is more of a cease &
twenty-four (24) hours after the sheriff's return deceased order and it does not direct the
of service and/or the records are received by doing or undoing of an act, whereas a TRO
the branch selected by raffle and to which directs the doing of an act by the defendant.
the records shall be transmitted immediately.

Section 5. Preliminary injunction not granted without restraining order issued by the Supreme Court or a
notice; exception. — No preliminary injunction shall member thereof shall be effective until further orders.
be granted without hearing and prior notice to the The trial court, the Court of Appeals, the
party or person sought to be enjoined. If it shall Sandiganbayan or the Court of Tax Appeals that
appear from facts shown by affidavits or by the issued a writ of preliminary injunction against a lower
verified application that great or irreparable injury court, board, officer, or quasi-judicial agency shall
would result to the applicant before the matter can decide the main case or petition within six (6) months
be heard on notice, the court to which the from the issuance of the writ. (As amended by A.M.
application for preliminary injunction was made, No. 07-7-12-SC, December 12, 2007.)
may issue a temporary restraining order to be
effective only for a period of twenty (20) days from TAKE NOTE: Not only the issuance of the writ of
service on the party or person sought to be enjoined, preliminary injunction but also the TRO, it requires
except as herein provided. Within the said twenty- prior notice and hearing. Hence, hearing and notice
day period, the court must order said party or person is mandatory. (Do not be misled by the second
to show cause, at a specified time and place, why sentence in first paragraph.) It must be noted that
the injunction should not be granted, determine the court cannot issue a TRO ex parte, there must be
within the same period whether or not the a notice and hearing prior to the issuance of TRO.
preliminary injunction shall be granted, and However, there is only one instance that the court
accordingly issue the corresponding order. may issue a TRO ex parte, that is mentioned in
However, and subject to the provisions of the second paragraph and the same can only be issued
preceding sections, if the matter is of extreme by the executive judge of a single sala court. So in
urgency and the applicant will suffer grave injustice multiple branches court, it is only the executive
and irreparable injury, the executive judge of a judge who can issue a 72 hour TRO when there is an
multiple-sala court or the presiding judge of a single- EXTREME URGENCY.
sala court may issue ex parte a temporary restraining
When there is an extreme urgency and the
order effective for only seventy-two (72) hours from
applicant will suffer grave injustice and irreparable
issuance but he shall immediately comply with the
injury, the executive judge of a multiple sala court or
provisions of the next preceding section as to service
the presiding judge of a single sala court may issue
of summons and the documents to be served
an ex party temporary restraining order effective for
therewith. Thereafter, within the aforesaid seventy-
72 hrs.
two (72) hours, the judge before whom the case is
pending shall conduct a summary hearing to Previously, it was mentioned that there are courts
determine whether the temporary restraining order which are now E-courts. (This paragraph where the
shall be extended until the application for executive judge may issue a 72 hour TRO was
preliminary injunction can be heard. In no case shall applicable only in multiple sala courts that are not
the total period of effectivity of the temporary yet E-courts and presiding judge in single sala
restraining order exceed twenty (20) days, including courts.) This will not apply anymore in E-courts where
the original seventy-two hours provided herein. upon filing the case, the branch where the case is
In the event that the application for preliminary raffled is already known. The 72 hour TRO
injunction is denied or not resolved within the said presupposes that the case will be raffled because
period, the temporary restraining order is deemed there would still be notice to the parties are given
automatically vacated. The effectivity of a and the raffle shall be conducted in the presence of
temporary restraining order is not extendible without the parties. In cases of extreme urgency, the
need of any judicial declaration to that effect and executive judge may issue a 72 hour TRO or the
no court shall have authority to extend or renew the presiding judge in single sala courts.
However, if issued by the Court of Appeals or a Q: What is an “Executive Judge”?
member thereof, the temporary restraining order A: Courts that are multiple sala courts has an
shall be effective for sixty (60) days from service on administrative head appointed by the Supreme
the party or person sought to be enjoined. A Court and that is what we call as an “Executive
Judge”.

This presupposes, the case is not yet raffled. the 20 day TRO issued by the presiding judge to
Whenever the executive judge if ever issued a 72 whom the case is raffled.
hour TRO is issued, upon service of the TRO, the sheriff
TAKE NOTE: It is separate but in computing the 20
shall serve the order together with the service of
days the 72 hours is included.
summons (same with attachment) together with the
complaint and its annexes. The sheriff shall Lago vs Abul, A.M. No. RTJ-10-2255, Jan. 17, 2011
immediately serve the summons upon the
defendant together with the service of the order The Supreme Court further said that full and
granting the 72 hour TRO. comprehensive hearing for the determination of the
propriety of the issuance of a Writ of Preliminary
Within that period of 72 hours, the branch where the Injunction is separate from the summary hearing for
case is raffled shall immediately conduct a hearing. the extension of the 72-hour TRO. The preliminary
The purpose of the hearing is to determine whether injunction prayed for by the applicant can only be
or not the TRO shall be issued. The 72 hours is not the heard after the trial court has ordered the issuance
basis of the branch where the case is raffled. This of the usual 20-day TRO. Within the period, the court
means that even if the executive judge issued a TRO, shall order the party ought to be enjoined to show
this does not presuppose that the judge where the cause why the Writ of Preliminary Injunction should
case was raffled would also grant the TRO, he can not be granted.
deny the TRO after the hearing. After the hearing, if
the judge where the case is raffled finds that there is However, it would be different if both parties agree
a need to issue a TRO, he can grant the application that if after the hearing of the TRO and before
and the 72 72 hours TRO shall be included in the 20- issuance of Writ of Preliminary Injunction, the plaintiff
day period TRO. said that they have no further evidence and praying
that the same evidence presented for the issuance
In other words, the lifetime of the TRO including the of TRO be considered as to whether a Writ of
72 hours TRO should not exceed 20 days. Within that Preliminary Injunction shall be issued.
period of 20 days, the court shall conduct another
hearing (Two Hearings: Hearing before the issuance Llamson vs Logronio, G.R. No. 167745, June 26, 2007
of TRO and Hearing before the issuance of Writ of
The lifetime of the TRO is only 20 days including the
Preliminary Injunction) and the purpose of hearing is
72 hours TRO. In this case, the court issued a second
to determine whether or not a writ of preliminary
TRO after the expiration of the first TRO and included
injunction shall be issued. The TRO is effective only
in the period that the expiration is until further notice.
within 20 days while the Writ of Preliminary Injunction
The Supreme Court ruled that this is not valid since its
if ever issued of the court would last until the
nature is the same of that of a Preliminary Injunction.
termination of the case.
Q: What is the period of the TRO issued by the SC or
TAKE NOTE: If the court fails to issue a Writ of
by the CA?
Preliminary Injunction within the 20-day period of the
A: Under Sec. 5, if it issued by the CA or any of its
TRO, the TRO would automatically expire after the
members, 60 days, if issued by the SC, until further
20-day period.
notice but in lower courts, 20 days only.
After the issuance of the 72 hours TRO, the executive
Evy Construction and Development Corp vs Valiant
judge of a multiple sala court is bound to comply
Forming Sales Corp., G.R. No. 207938, Oct. 11, 2017
with Sec. 4(c) (this has seomthing to do with service
of summons). The 72 hour TRO automatically expires Q: There is one case where the court denied the TRO.
unless before the expiration of the said period, the Aside from the denial of TRO, he also denied the Writ
presiding judge to whom the case was raffled of Preliminary Injunction. The plaintiff complained
conducted the summary hearing in order to extend that there should be another hearing to determine
the TRO’s lifetime. The 72 hour TRO issued by the whether or not the Writ of Preliminary Injunction
executive judge is separate and distinct TRO which should be issued. Is the court correct where he did
can stand on its own regardless of whether it was not conduct another hearing in determining the
eventually extended or not. It is not a mere part of propriety of the issuance of Writ of Preliminary
Injunction?
A: Yes, the trial court is correct as mentioned in the that he will pay all damages which the applicant
case above. The Supreme Court ruled that an may suffer by the denial or the dissolution of the
application for preliminary injunction may be denied injunction or restraining order. If it appears that the
even without the conduct of a hearing separate extent of the preliminary injunction or restraining
form that of a summary hearing separate from that order granted is too great, it may be modified.
of a summary hearing of an application for the
issuance of TRO. The application for the issuance of Under this section, this is about the grounds for the
a Writ of Preliminary Injunction may be denied in the denial of application, the following are:
same summary hearing for the issuance of the TRO if 1 When the allegation of the complaint is
the applicant fails to establish the requisites for the insufficient. There is no right in esse - clear and
issuance of the writ. unmistakable right. The damage that the
In this case of Evy Construction, the Supreme Court plaintiff would sustain is an irreparable
also reiterated the meaning of “irreparable injury”. damage.
According to the Supreme Court, an injury is 2 There is insufficiency of bond posted.
considered irreparable if there is no standard by 3 It would be the defendant who would suffer
which each amount can be measured with irreparable damage.
reasonable accuracy. In other words, it is beyond 4 The defendant has to post a bond.
pecuniary estimation. Another ground for lifting of the writ is that the
issuance of the writ would cause irreparable
China Banking Corp vs Ciriaco, G.R. No. 170038, July damage to the party enjoined while the applicant
11, 2012 can be fully compensated for such damages as he
may suffer, provided the defendant has to post a
The Supreme Court ruled that the holding of a
counter bond.
hearing where both parties can introduce evidence
and present their side is also required before the Section 7. Service of copies of bonds; effect of
courts may issue a TRO or an injunctive writ. In other disapproval of same. – The party filing a bond in
words, during the hearing of TRO, it is not only the accordance with the provisions of this Rule shall
plaintiff who can present evidence, also the forthwith serve a copy of such bond on the other
defendant who can present evidence. According to party, who may except to the sufficiency of the
the SC in this case, the court is required to conduct bond, or of the surety or sureties thereon. If the
a hearing for the reception of a sampling of the applicant’s bond is found to be insufficient in
parties’ respective evidence to give the court an amount, or if the surety or sureties thereon fail to
idea of the justification for its issuance pending the justify, and a bond sufficient in amount with sufficient
decision of the case on the merits. sureties approved after justification is not filed
forthwith, the injunction shall be dissolved. If the
Section 6. Grounds for objection to, or for motion of
bond of the adverse party is found to be insufficient
dissolution of, injunction or restraining order. — The
in amount, or the surety or sureties thereon fail to
application for injunction or restraining order may be
justify a bond sufficient in amount with sufficient
denied, upon a showing of its insufficiency. The
sureties approved after justification is not filed
injunction or restraining order may also be denied,
forthwith, the injunction shall be granted or restored,
or, if granted, may be dissolved, on other grounds
as the case may be.
upon affidavits of the party or person enjoined,
which may be opposed by the applicant also by Under this section, this is another ground of denial of
affidavits. It may further be denied, or if granted, application which states that if the injunction bond is
may be dissolved, if it appears after hearing that insufficient, then the writ could be dissolved. If the
although the applicant is entitled to the injunction or court allows the defendant to post counter bond
restraining order, the issuance or continuance because he was able to prove that it is he would
thereof, as the case may be, would cause suffer irreparable injury, the writ of preliminary
irreparable damage to the party or person enjoined injunction dissolved may be restored if the counter
while the applicant can be fully compensated for bond posted by the defendant is insufficient.
such damages as he may suffer, and the former files
a bond in an amount fixed by the court conditioned
To summarize the grounds for the dissolution/denial or by the Court of Appeals or by the Supreme Court,
of the writ, the following are: or a member thereof, in the following cases:
a When it appears from the verified
1 When the allegations in the complaint are
application, and such other proof as the
insufficient.
court may require, that the party applying for
2 The defendant is allowed to post counter
the appointment of a receiver has an interest
bond if it is shown that he would sustain
in the property or fund which is the subject of
irreparable injury while the plaintiff could be
the action or proceeding, and that such
compensated for the damage suffered.
property or fund is in danger of being lost,
3 When the bond posted by the applicant
removed, or materially injured unless a
turned out to be insufficient or defective.
receiver be appointed to administer and
Suppose later on, it is determined that the plaintiff is preserve it;
not entitled to the issuance of the TRO or Writ of
In application for provisional remedies, if the
Preliminary Injunction or the judgment is against the
application is incorporated in the complaint, the
plaintiff and the defendant suffered damage, he
complaint must be verified. If it is in the form of a
can claim against the injunction bond and the claim
motion, the motion must be verified.
for damages by the defendant is filed in the same
court. b When it appears in an action by the
mortgagee for the foreclosure of a mortgage
that the property is in danger of being
RULE 59: RECEIVERSHIP wasted or dissipated or materially injured,
and that its value is probably insufficient to
Q: What is Receivership? discharge the mortgage debt, or that the
A: A provisional remedy for the main action of parties have so stipulated in the contract of
Foreclosure of Mortgage. (Receivership under Rule mortgage;
59 is different form Receivership mentioned in the
This is applicable in a foreclosure of mortgage where
Corporation Code.)
the property is in danger of being dissipated or
Q: What is a Receiver? materially injured and that its value is probably
A: He is the administrator of the property subject of insufficient to discharge the mortgage debt or the
the case. In other words, receivership is applicable if parties have stipulated in the contract of mortgage.
there is property involved in the case and that there c After judgment, to preserve the property
is a danger or possibility that the property subject of during the pendency of an appeal, or to
the case would be dissipated, destroyed or wasted. dispose of it according to the judgment, or to
That is why in order to prevent the property from aid execution when the execution has been
being damaged or materially injured. Upon returned unsatisfied or the judgment obligor
application of one of the parties, the court may refuses to apply his property in satisfaction of
appoint a receiver. the judgment, or otherwise to carry the
judgment into effect;
Bar Q: In an action for sum of money, the plaintiff
applied for the appointment of the receiver of the Receivership is also applicable even after judgment
defendant’s property to assure the payment of the to reserve the property during the pendency of
obligation. Should the court grant the application? appeal or to dispose of such property pursuant to the
A: No, Receivership is not available of a mere action judgment or to aid execution when the execution
of sum of money. It is available when the property or has been returned and satisfied or the judgment
fund subject of the litigation is in danger of being lost, obligor refuses to apply his property in satisfaction of
removed, or materially injured. the judgment.
Q: In the rights of redemption of the defendant. Who
Section 1. Appointment of receiver. — Upon a possess the property prior to the expiration of the
verified application, one or more receivers of the redemption period of one year from registration of
property subject of the action or proceeding may be sale?
appointed by the court where the action is pending
A:. The plaintiff.
Q: The plaintiff is within that period of one year from to perform them faithfully, and shall file a bond,
the registration of sale while waiting for the executed to such person and in such sum as the
redemption period to lapse. He saw that the court may direct, to the effect that he will faithfully
defendant started demolishing the property subject discharge his duties in the action or proceeding and
to execution. What is his remedy? obey the orders of the court.
A: He can ask for the appointment of a receiver. That
is one instance wherein the appointment of the  Under this section, the receiver himself is also
receiver could be done even after final judgment. required to post bond. There are two bonds
posted, the bond of the applicant and the
d Whenever in other cases it appears that the
bond for the receiver himself.
appointment of a receiver is the most
 Q: What is the purpose of the applicant’s
convenient and feasible means of
bond? To answer whatever damage that the
preserving, administering, or disposing of the
adverse party may suffer.
property in litigation.  Q: What about the RECEIVER’S BOND? The
During the pendency of an appeal, the appellate purpose is to ensure that the receiver would
court may allow an application for the appointment perform his duties because if not, then the
of a receiver to be filed in and decided by the court plaintiff or the applicant may run after his
of origin and the receiver appointed to be subject to bond for damages.
the control of said court.
Section 3. Denial of application or discharge of
TAKE NOTE: The purpose of the appointment of a receiver. – The application may be denied, or the
receiver which is to reserve. Receivership receiver discharged, when the adverse party files a
presupposes that there is property or fund involved bond executed to the applicant, in an amount to be
in the litigation and the appointment of the receiver fixed by the court, to the effect that such party will
is necessary for the preservation of the property. pay the applicant all damages he may suffer by
reason of the acts, omissions, or other matters
Chavez vs CA, G.R. No. 174356, Jan. 20, 2010
specified in the application as ground for such
The Supreme Court ruled says that a petition for appointment. The receiver may also be discharged
receivership requires that the property or fund is in if it is shown that his appointment was obtained
danger of being lost removed or materially injured without sufficient cause.
necessating its protection or preservation. Its object
is the prevention of imminent danger to the property.  Under this section, the appointment of the
If the action does not requires such action or receiver could be set aside if the adverse
protection, the remedy is not receivership. party would post a counter bond. Among
the provisional remedies discussed, counter
Section 2. Bond on appointment of receiver. – Before bond is mentioned as a mode of lifting the
issuing the order appointing a receiver the court shall provisional remedy as a mode of lifting.
require the applicant to file a bond executed to the
party against whom the application is presented, in Section 5. Service of copies of bonds; effect of
an amount to be fixed by the court, to the effect that disapproval of same. – The person filing a bond in
the applicant will pay such party all damages he accordance with the provisions of this Rule shall
may sustain by reason of the appointment of such forthwith serve a copy thereof on each interested
receiver in case the applicant shall have procured party, who may except to its sufficiency or of the
such appointment without sufficient cause; and the surety or sureties thereon. If either the applicant’s or
court may, in its discretion, at any time after the the receiver’s bond is found to be insufficient in
appointment, require an additional bond as further amount, or if the surety or sureties thereon fail to
security for such damages. justify, and a bond sufficient in amount with sufficient
sureties approved after justification is not filed
*Secs. 3-5, these are the grounds or the lifting of the
forthwith, the application shall be denied or the
appointment of the receiver.*
receiver discharged, as the case may be. If bond of
Section 4. Oath and bond of receiver. – Before the adverse party is found to be insufficient in
entering upon his duties, the receiver shall be sworn amount or the surety or sureties thereon fail to justify,
and a bond sufficient in amount with sufficient receive them and order the discharge of the
sureties approved after justification is not filed receiver from further duty as such. The court shall
forthwith, the receiver shall be appointed or re- allow the receiver such reasonable compensation
appointed, as the case may be. as the circumstances of the case warrant, to be
taxed as costs against the defeated party, or
 Under this section, another ground for the apportioned, as justice requires.
lifting of the appointment of the receiver is
when the bond posted by the receiver
himself is insufficient.
RULE 60: REPLEVIN
Section 6. General powers of receiver. — Subject to
In this provisional remedy, this presupposes that there
the control of the court in which the action or
is personal property to be recovered. The main case
proceeding is pending a receiver shall have the
here could be replevin itself, this involves recovery of
power to bring and defend, in such capacity,
personal property. This is called Replevin. If you want
actions in his own name; to take and keep
that the property be possessed while the case is
possession of the property in controversy; to receive
pending, the case of replevin may be coupled with
rents; to collect debts due to himself as receiver or to
prayer or application for the issuance of the
the fund, property, estate, person, or corporation of
provisional remedy of Writ of Replevin. It is possible
which he is the receiver; to compound for and
that a bank will file a case of collection of sum of
compromise the same; to make transfers; to pay
money with prayer for writ of replevin. It could also
outstanding debts; to divide the money and other
the alternative remedy of replevin or sum of money
property that shall remain among the persons legally
with prayer for writ of replevin.
entitled to receive the same; and generally to do
such acts respecting the property as the court may Q: When is this remedy availed?
authorize. However, funds in the hands of a receiver A: This is the same with preliminary attachment. The
may be invested only by order of the court upon the application of the issuance of writ of replevin is
written consent of all the parties to the action. usually incorporated in the complaint. The writ of
replevin could be issued ex party. This could be
Section 7. Liability for refusal or neglect to deliver applied upon the filing of the complaint and at any
property to receiver. — A person who refuses or time before the answer is served. Although usually
neglects, upon reasonable demand, to deliver to the application for this remedy is incorporated in the
the receiver all the property, money, books, deeds, complaint.
notes, bills, documents and papers within his power
or control, subject of or involved in the action or Section 1. Application. — A party praying for the
proceeding, or in case of disagreement, as recovery of possession of personal property may, at
determined and ordered by the court, may be the commencement of the action or at any time
punished for contempt and shall be liable to the before answer, apply for an order for the delivery of
receiver for the money or the value of the property such property to him, in the manner hereinafter
and other things so refused or neglected to be provided.
surrendered, together with all damages that may
In the application, the application must be
have been sustained by the party or parties entitled
accompanied by an affidavit. If it is incorporated in
thereto as a consequence of such refusal or neglect.
the complaint, attached in the complaint is the
affidavit which includes the grounds of the writ of
Section 8. Termination of receivership; compensation replevin.
of receiver. — Whenever the court, motu proprio or
Q: What are the grounds?
on motion of either party, shall determine that the
necessity for a receiver no longer exists, it shall, after A: Section 2. Affidavit and bond. – The applicant must
due notice to all interested parties and hearing, show by his own affidavit or that of some other
settle the accounts of the receiver, direct the person who personally knows the facts:
delivery of the funds and other property in his
possession to the person adjudged to be entitled to

a That the applicant is the owner of the Another requisite is the posing of the bond. When is
property claimed, particularly describing it, the bond posted? In order to understand better the
or is entitled to the possession thereof; flow of filing a replevin, it shall be explained in a
certain scenario. W hen you file a complaint of
It is not necessary that the applicant is the owner, is replevin with prayer for issuance of writ of replevin, if
only required that he is entitled to possession. the court finds that the complaint has alleged all the
b That the property is wrongfully detained by requisites, the court now has to issue an order
the adverse party, alleging the cause of granting the application. For the issuance granting
detention thereof according to the best of his the application and directed the court for the
knowledge, information, and belief; issuance of the writ itself. In the same order, the court
c That the property has not been distrained or has to fix the bond. The bond is double the value of
taken for a tax assessment or a fine pursuant the property stated. For example, if the value stated
to law, or seized under a writ of execution or is P1m, the amount of the replevin bond should be
preliminary attachment, or otherwise placed P2m.
under custodia legis, or if so seized, that it is After the posting of the bound, the writ of replevin
exempt from such seizure or custody; and may be issued by the clerk of court. After issuance of
the writ, it will be enforced by the sheriff and coupled
This provision is the difference with preliminary
by the service of summons. Although not stated in
attachment. In preliminary attachment, a property
Sec. 4, because it only stated that upon receiving of
that is still subject for custiodia legis can still be
the writ the sheriff may serve a copy to the adverse
attached while property subject for writ of replevin
party.
can be attached but not the other way around. In
writ of replevin, a property already attached cannot Section 3. Order. – Upon the filing of such affidavit
be subject or writ of replevin. and approval of the bond, the court shall issue an
Replevin is available only where the principal relief order and the corresponding writ of replevin
sought in the case is the recovery of possession of describing the personal property alleged to be
property while in attachment, it is available even the wrongfully detained and requiring the sheriff
recovery of personal property is only an incidental forthwith to take such property into his custody.
relief sought in the action.
Section 4. Duty of the sheriff. – Upon receiving such
Replevin can be prayed only where the defendant
order, the sheriff must serve a copy thereof on the
is in actual or constructive possession of a personal
adverse party, together with a copy of the
property while attachment may be resorted to even
application, affidavit and bond, and must forthwith
if the personal property is in the custody of a third
take the property, if it be in the possession of the
person.
adverse party, or his agent, and retain it in his
d The actual market value of the property. custody. If the property or any part thereof be
concealed in a building or enclosure, the sheriff must
Another important requisite that must be stated in demand its delivery, and if it be not delivered, he
the application is that the application must state the must cause the building or enclosure to be broken
actual value of the property. If there is no actual open and take the property into his possession. After
value, the application will be dismissed. Those are the sheriff has taken possession of the property as
matters that must be stated in the affidavit as well as herein provided, he must keep it in a secure place
the complaint. and shall be responsible for its delivery to the party
The applicant must also give a bond, executed to entitled thereto upon receiving his fees and
the adverse party in double the value of the property necessary expenses for taking and keeping the
as stated in the affidavit aforementioned, for the same.
return of the property to the adverse party if such
return be adjudged, and for the payment to the Section 5. Return of property. – If the adverse party
adverse party of such sum as he may recover from objects to the sufficiency of the applicant’s bond, or
the applicant in the action. of the surety or sureties thereon, he cannot
immediately require the return of the property, but if
he does not so object, he may, at any time before Q: What if it is not turnovered by the sheriff to the
the delivery of the property to the applicant, require plaintiff or whatever reason?
the return thereof, by filing with the court where the A: The same has to be returned to the defendant.
action is pending a bond executed to the applicant, Q: In what cases, the defendant is entitled to the
in double the value of the property as stated in the return of the property taken by writ of replevin?
applicant’s affidavit for the delivery thereof to the
1 When he has posted a redelivery bond within
applicant, if such delivery be adjudged, and for the
5 days
payment of such sum to him as may be recovered
2 When the bond posted by the plaintiff is
against the adverse party, and by serving a copy of
insufficient
such bond on the applicant.
3 When the property is not delivered to the
plaintiff for whatever reason.
Section 6. Disposition of property by sheriff. – If within
five (5) days after the taking of the property by the Section 7. Proceedings where property claimed by
sheriff, the adverse party does not object to the third person. – If the property taken is claimed by any
sufficiency of the bond, or of the surety or sureties person other than the party against whom the writ of
thereon; or if the adverse party so objects and the replevin had been issued or his agent, and such
court affirms its approval of the applicant’s bond or person makes an affidavit of his title thereto, or right
approves a new bond, or if the adverse party to the possession thereof, stating the grounds
requires the return of the property but his bond is therefor, and serves such affidavit upon the sheriff
objected to and found insufficient and he does not while the latter has possession of the property and a
forthwith file an approved bond, the property shall copy thereof upon the applicant, the sheriff shall not
be delivered to the applicant. If for any reason the be bound to keep the property under replevin or
property is not delivered to the applicant, the sheriff deliver it to the applicant unless the applicant or his
must return it to the adverse party. agent, on demand of said sheriff, shall file a bond
approved by the court to indemnify the third-party
Right after the taking of the property by virtue of the claimant in a sum not less than the value of the
writ, the sheriff has to keep the property for 5 days, property under replevin as provided in section 2
within that period of 5 days, the defendant may post hereof. In case of disagreement as to such value, the
a counter bond or redelivery bond. If the defendant court shall determine the same. No claim for
wants that the property will not be deliver to the damages for the taking or keeping of the property
plaintiff, he needs to post such counter bond which may be enforced against the bond unless the action
is double the value of the property. therefor is filed within one hundred twenty (120) days
from the date of the filing of the bond.
Q: What is the purpose of Redeliver Bond or Counter
The sheriff shall not be liable for damages, for the
Bond?
taking or keeping of such property, to any such third-
A: That is to answer whatever damage that the
party claimant if such bond shall be filed. Nothing
plaintiff may suffer.
herein contained shall prevent such claimant or any
Casie vs Hugo 77 Phil 517 third person from vindicating his claim to the
property, or prevent the applicant from claiming
The defendant cannot post redelivery bond within damages against a third-party claimant who filed a
the period of 5 days and serve the copy of the bond frivolous or plainly spurious claim, in the same or a
within 5 days from the taking of the personal separate action.
properties. The Supreme Court ruled that both When the writ of replevin is issued in favor of the
requirements are mandatory and must be complied Republic of the Philippines, or any officer duly
within the 5 day period. The posting of the redelivery representing it, the filing of such bond shall not be
bond and the service must be complied with in 5 required, and in case the sheriff is sued for damages
days. as a result of the replevin, he shall be represented by
the Solicitor General, and if held liable therefor, the
Q: Suppose the defendant will not post redelivery
actual damages adjudged by the court shall be
bond?
paid by the National Treasurer out of the funds to be
A: The sheriff has to turn over the property to the
appropriated for the purpose.
plaintiff after the 5 day period.
Suppose the property is sold to a third person person, The main action here could be support. In order for
the remedy is terceria. The same procedure with the court to grant the application, it must be
Preliminary Attachment. One shall execute an established that the defendant has the duty to
affidavit, then the plaintiff will post another bond. The support.
third party claimant will file a separate civil action or EXAMPLE: A husband has a child in another family
he can file an intervention. and the husband does not provide support. The
remedy of the wife is support.
Section 8. Return of papers. – The sheriff must file the
order, with his proceedings indorsed thereon, with The complaint of support must be coupled with
the court within ten (10) days after taking the application of support pendent lite. Illegitimate child
property mentioned therein. is covered under support but it must be established
that the defendant is entitled to support.
EXAMPLE: The father signed in the birth certificate of
Section 9. Judgment. – After trial of the issues, the
the illegitimate child that he is the father. If the father
court shall determine who has the right of possession
to and the value of the property and shall render did not sign, you can file a case of recognition and
judgment in the alternative for the delivery thereof support.
to the party entitled to the same, or for its value in TAKE NOTE: Only provisional remedy with bond
case delivery cannot be made, and also for such required in filling.
damages as either party may prove, with costs.
Section 2. Comment. – A copy of the application
Fernandez vs International Corp. Bank, Aug. 7, 1999 and all supporting documents shall be served upon
Q: Where is the writ enforced? For example, the writ the adverse party, who shall have five (5) days to
of replevin is filed in Cebu but the property is already comment thereon unless a different period is fixed by
brought to Mindanao, is the writ of replevin still the court upon his motion. The comment shall be
effective outside the Judicial Region? verified and shall be accompanied by affidavits,
A: Yes, the writ of replevin is served anywhere in the depositions or other authentic documents in support
Philippines, only the TRO and Writ of Preliminary thereof.
Injunction must be served within the Judicial Region.
Q: When is the case filed?
Just like a Writ of Attachment, Writ of Replevin could A: Usually, it is incorporated in the complaint for
be granted ex parte, it could also be that there is a support and it must be verified accompanied by
hearing. Usually in practice, it is conducted Ex Parte. affidavits and other authentic documents in support
of the application.
Section 10. Judgment to include recovery against
EXAMPLE: The birth certificate, marriage certificate,
sureties. – The amount, if any, to be awarded to any
marriage contract will be attached, or if it is an
party upon any bond filed in accordance with the
illegitimate child, there is an affidavit of paternity.
provisions of this Rule, shall be claimed, ascertained,
and granted under the same procedure as Section 3. Hearing. – After the comment is filed, or
prescribed in section 20 of Rule 57. after the expiration of the period for its filing, the
application shall be set for hearing not more than
three (3) days thereafter. The facts in issue shall be
RULE 61: SUPPORT PENDENTE LITE proved in the same manner as is provided for
evidence on motions.
Section 1. Application. – At the commencement of
the proper action or proceeding, or at any time prior
to the judgment or final order, a verified application Section 4. Order. – The court shall determine
for support pendente lite may be filed by any party provisionally the pertinent facts, and shall render
stating the grounds for the claim and the financial such orders as justice and equity may require, having
conditions of both parties, and accompanied by due regard to the probable outcome of the case
affidavits, depositions or other authentic documents and such other circumstances as may aid in the
in support thereof. proper resolution of the question involved. If the
application is granted, the court shall fix the amount

of money to be provisionally paid or such other forms the offspring as a consequence of the crime and the
of support as should be provided, taking into civil aspect thereof has not been waived, reserved
account the necessities of the applicant and the or instituted prior to its filing, the accused may be
resources or means of the adverse party, and the ordered to provide support pendente lite to the child
terms of payment or mode for providing the support. born to the offended party allegedly because of the
If the application is denied, the principal case shall crime. The application therefor may be filed
be tried and decided as early as possible successively by the offended party, her parents,
grandparents or guardian and the State in the
The court has to require the defendant to comment corresponding criminal case during its pendency, in
and after that there shall be a hearing. If the court accordance with the procedure established under
finds that the application is meritorious, the court has this Rule.
to fix the amount of Support Pendente Lite.
Support Pendente Lite is also applicable in Criminal
Q: There is no fixed amount of support so what is the
Cases. For example, in the crime of rape or the crime
basis of the court?
of seduction, the offendent party is entitled to
A: It should be based on the capacity of the giver
Support Pendente Lite.
and the needs of the receiver.
Section 7. Restitution. – When the judgment or final
Q: How about the spouse? Is she entitled to support?
order of the court finds that the person who has been
A: Yes, under the Family Code.
providing support pendente lite is not liable therefor,
TAKE NOTE: The amount of support can be changed it shall order the recipient thereof to return to the
from time to time. The judgment of support is the only former the amounts already paid with legal interest
judgment that is immediately executory and not from the dates of actual payment, without prejudice
subject to 5 years, 10 year period under Rule 39. It is to the right of the recipient to obtain reimbursement
an exception to the Doctrine of Immutability of in a separate action from the person legally obliged
Judgment. to give the support. Should the recipient fail to
reimburse said amounts, the person who provided
Section 5. Enforcement of order. — If the adverse the same may likewise seek reimbursement thereof
party fails to comply with an order granting support in a separate action from the person legally obliged
pendente lite, the court shall, motu proprio or upon to give such support.
motion; issue an order of execution against him,
without prejudice to his liability for contempt. Suppose after the hearing, it is found out that the
When the person ordered to give support pendente plaintiff is not entitled to support. The defendant is
lite refuses or fails to do so, any third person who entitled to reimbursement or the return of the
furnished that support to the applicant may, after amount.
due notice and hearing in the same case, obtain a
If the plaintiff will not pay, the defendant may file a
writ of execution to enforce his right of
separate civil action for the reimbursement of the
reimbursement against the person ordered to
amount of support that he has given. The judgment
provide such support.
in support cases will not be stayed by appeal so it is
This is the only judgment or order that the court can immediately executory. However, for support cases,
issue or order the writ of execution motu proprio. In this is one of the few cases where the decision of the
other cases, there has to be a motion. court is immediately executory and it will never
become dormant.
Failure on the part of the defendant to comply with
the order of the court is a ground for contempt. It can be executed by mere motion even after five
Suppose the defendant father did not comply with years (Canonizado vs Benitez 127 SCRA 610). The
the order of the court, so the grandparents provided amount of support can be increased anytime. It is
support, hence, the grandparent or any third person exception to the doctrine of immutability of
is entitled for reimbursement judgment.
Section 6. Support in criminal cases. – In criminal

actions where the civil liability includes support for SPECIAL CIVIL ACTIONS
The special civil actions are interpleader, respective claims to know who is really the
expropriation, foreclosure of real estate mortgage, owner.
forcible entry, unlawful detainer, declaratory relief,
Q: Mr. X died and in he left properties to his heirs and
petition for certiorari, mandamus, quo warranto and
the properties included lessees. The wife of Mr. X told
contempt.
the lessees that the rentals will be remitted to her. A
There are special civil actions that are in initiated few days thereafter, another woman who also
through a complaint. There are special civil actions claims to be the wife requested the lessees to remit
also initiated through petition. the rentals to her. So if you are the lessee, where will
you give the money because there are two
Special Civil Actions and Ordinary Civil Actions are
claimants?
governed by the Rules for Ordinary Civil Actions. So,
A: The remedy is to file an action of interpleader to
the rules for Ordinary Special Actions are also
compel the conflicting claimants to litigate their
applicable to Special Civil Actions. However, there
claims and to determine who among them is the
are certain rules in addition to the rules for Ordinary
rightful claimant.
Civil Actions. There are certain rules that are only
applicable to certain special actions. In other words, Q: In what court should the action for Interpleader
aside that special civil actions follow rules in ordinary be filed?
civil actions. It also has its own rules. A: It is either on the MTC or RTC depending on the
value of the property.
There are also special civil action that could be filed
in the RTC or MTC. For example, in ejectment cases, Section 2. Order. – Upon the filing of the complaint,
forcible entry and unlawful detainer, these cases are the court shall issue an order requiring the conflicting
cognizable by the MTC. Interpleader could also be claimants to interplead with one another. If the
filed in the MTC depending upon the amount of the interests of justice so require, the court may direct in
property involved. Contempt could also be filed in such order that the subject matter be paid or
the MTC or RTC. delivered to the court.
Section 3. Summons. – Summons shall be served

RULE 62: INTERPLEADER upon the conflicting claimants, together with a copy
of the complaint and order.
The keywords that should be remembered in
Interpleader are the words “Conflicting Claims”.
There is this news somewhere in the dumping site in Section 4. Motion to dismiss. – Within the time for filing
Mandaue. There is this garbage man who saw an answer, each claimant may file a motion to
jewelries worth P100,000. There were many claimants dismiss on the ground of impropriety of the
of the said jewelries. What is the remedy of the holder interpleader action or on other appropriate grounds
of the property claimed by many persons? The specified in Rule 16. The period to file the answer shall
remedy is Interpleader because there is what we call be tolled and if the motion is denied, the movant
as a Conflicting Claims. may file his answer within the remaining period, but
which shall not be less than five (5) days in any event,
Section 1. When interpleader proper. — Whenever reckoned from notice of denial.
conflicting claims upon the same subject matter are  The defendants may also file a motion to
or may be made against a person who claims no dismiss questioning the propriety of the filing
interest whatever in the subject matter, or an interest of the action. To repeat, the plaintiff must
which in whole or in part is not disputed by the have no interest in the property because if he
claimants, he may bring an action against the is also any claim or interest in the property,
conflicting claimants to compel them to interplead interpleader is not the proper remedy.
and litigate their several claims among themselves.
Q: What is the difference between Interpleader and
 The holder of the properties must have no Intervention?
claim over said property. The purpose of the
action of interpleader is to compel the
conflicting claimants to litigate the
A: Intervention is an ancillary action, meaning it is not expenses, shall constitute a lien or charge upon the
the main action while an Interpleader is an original subject matter of the action, unless the court shall
action. order otherwise.
In intervention, the movant has no interest in the
subject matter, precisely he is going to intervene
because he has an interest. While in interpleader the RULE 63: DECLARATORY RELIEF AND OTHER SIMILAR
plaintiff has no interest in the subject matter of the REMEDIES
case.
The purpose of declaratory relief is to seek the
In intervention, the defendants are already parties to
judicial interpretation of an instrument or a deed or
the case while in interpleader, the defendants are
for a judicial declaration of a person’s rights under a
being sued in order to implead them.
statute and not to ask for affirmative reliefs like
Section 5. Answer and other pleadings. – Each injunction or damages or any other relief beyond the
claimant shall file his answer setting forth his claim purpose of the petition beyond the rules.
within fifteen (15) days from service of the summons
TAKE NOTE: In Rule 2, every complaint must be based
upon him, serving a copy thereof upon each of the
on a cause of action and what are the elements of
other conflicting claimants who may file their reply
a cause of action which are: there must be a right
thereto as provided by these Rules. If any claimant
on the part of the plaintiff, obligation on the
fails to plead within the time herein fixed, the court
defendant to respect that right and there is an act
may, on motion, declare him in default and
or omission which violated the plaintiff’s right. But in
thereafter render judgment barring him from any
a case of declaratory relief, there is no cause of
claim in respect to the subject matter.
action, no act or omission committed or incurred by
The parties in an interpleader action may file
the defendant. The parties may have the contract
counterclaims, cross-claims, third-party complaints
and the purpose of the plaintiff is for the court to
and responsive pleadings thereto, as provided by
interpret or declare what are his rights under the
these Rules.
written contract because the contract is vague.
 The claimants are required to file their answer
within 15 days form service of summons. Declaratory relief is only proper if there is no breach
Under the present amendment of Rules of or violation yet of that contract because if there is
Civil Procedure, the period to file answer is already breach or violation of any of the parties,
already 30 days. But the Rule says under Sec. declaratory relief is not applicable. Also, remember
5, that it is still 15 days. If any of the claimant that there must be judicial declaration.
fails to file his answer, then he can be
Aside from a contract, another subject of a
declared in default and be barred in
declaratory relief that the petitioner or plaintiff may
presenting evidence as regards his claim.
want the court to declare is law or ordinance. The
Section 6. Determination. – After the pleadings of the plaintiff wants to declare an ordinance, law or
conflicting claimants have been filed, and pre-trial statute as void. To repeat, the purpose of
has been conducted in accordance with the Rules, declaratory relief is to seek a judicial interpretation of
the court shall proceed to determine their respective an instrument or for a judicial declaration of person’s
rights and adjudicate their several claims. rights under a statute and not to ask for affirmative
relief such as damages, injunction, etc.
 Under this section, or after the pleadings of
the conflicting claimants have been filed. It is not filed to settle issue arising from a breach or
Pre-Trial and Trial shall be conducted.The violation because there is no violation. If there is
expenses incurred in the filing and already a breach of contract, the petition can no
proceedings. It would be the plaintiff but longer be filed or brought. There is no execution in
subject to refund. this case. This is the only case where there is no
execution because the court merely gives its
Section 7. Docket and other lawful fees, costs and
interpretation or declaration.
litigation expenses as liens. – The docket and other
lawful fees paid by the party who filed a complaint
under this Rule, as well as the costs and litigation
Section 1. Who may file petition. — Any person Republic vs. Orbecido, G.R. No. 154380, Oct. 5, 2005
interested under a deed, will, contract or other
The husband whose wife in the United States
written instrument, or whose rights are affected by a
became a naturalized American citizen and
statute, executive order or regulation, ordinance, or
thereafter obtained a divorce in the U.S. They
any other governmental regulation may, before
married when they were both Filipinos but her wife
breach or violation thereof bring an action in the
became a naturalized American. In Art. 26 of the
appropriate Regional Trial Court to determine any
Family Code, it presupposes that it directed to mix
question of construction or validity arising, and for a
marriages. She then filed a Petition for Declaratory
declaration of his rights or duties, thereunder.
Relief to ask the court what are her rights under Art.
TAKE NOTE: The subject of declaratory relief because 26 and whether such provision applies to her case.
the enumeration here is exclusive. Republic vs Roque, G.R. No. 204603, Sept. 24, 2013
Q: Suppose there is a city ordinance enacted in
Q: What are the requisites of a Declaratory Relief?
Cebu City and you will be affected. You believe that
the city ordinance is invalid. What case will you file? A: The requisites of Declaratory Relief are the
A: You file a case of declaratory relief. Declaratory following:
relief is not only applicable for the declaration of 1 The subject matter of controversy must be a
nullity of a city ordinance. This is also available to deed, will, contract or other written
question the validity of a law passed by Congress or instruments, executive order or regulation or
Executive Order issued by the president, or a ordinance
memorandum issued by any agency of the 2 The terms of said documents and the validity
government. The proper action is declaratory relief. are doubtful and requires judicial declaration
3 There must be no breach of the documents
Q: There are other ways in questioning the validity of in question (Because if there is already a
the law aside from declaratory relief. What are these breach or violation, declaratory relief will not
other remedies? apply and it will be an ordinary civil action
A: Petition for Certiorari and/or Prohibition. such as specific performance, injunction,
etc.)
Pimentel vs Comelec, G.R. No. 157870, Nov. 3, 2008
4 There must be an actual justiciable
According to the Supreme Court, Petition for controversy
Certiorari and/or Prohibition can also be availed of 5 The issue must be ripe for judicial
to question the constitutionality of a law or statute determination
and the same may be field directly with the Supreme 6 Adequate relief is not available through
Court. (Remember that the SC, CA and RTC have other means, actions, or proceeding
concurrent jurisdiction as far as Petition for Certiorari The petitioner must have interest in the document or
and Prohibition is concerned.) in that law. For example, there is a case where the
plaintiff seeks the declaratory relief by asking the
To repeat, Petition for Certiorari and Prohibition can
constitutionality of the law not for his personal benefit
also be availed of to question the constitutionality of
or because his right or prerogative as an accountant
the law or statute and the same can be field directly
or as an individual are adversely affected but rather
to the Supreme Court but if what is filed is Petition for
for the benefit of persons belonging to other
Declaratory Relief, it shall be field in the RTC.
professions who are not parties to the case. In other
An action for the reformation of an instrument, to words he is just a concerned citizen, he will not be
quiet title to real property or remove clouds affected by such law. According to the Supreme
therefrom, or to consolidate ownership under Article Court, the plaintiff has no actual justiciable
1607 of the Civil Code, may be brought under this controversy against the defendants and the petition
Rule. should be dismissed.
These cases under the second paragraph are more Q: Who are the parties in a Declaratory Relief Case?
under ordinary civil actions because these cases A: Section 2. Parties. – All persons who have or claim
have causes of action. any interest which would be affected by the
declaration shall be made parties; and no
declaration shall, except as otherwise provided in ordinary action, and the parties shall be allowed to
these Rules, prejudice the rights of persons not file such pleadings as may be necessary or proper.
parties to the action.
 Considering that in a declaratory relief, there
Section 3. Notice on Solicitor General. – In any action is no violation yet involving the ordinance or
which involves the validity of a statute, executive contract. Whenever there is already a
order or regulation, or any other governmental violation, the action filed may be converted
regulation, the Solicitor General shall be notified by into an ordinary action.
the party assailing the same and shall be entitled to  Q: Do you know now what do you mean by
be heard upon such question. declaratory relief?
 The Office of the Solicitor General is under the A: The court is asked to declare or to make a
DOJ but separate with the prosecutor’s declaration or interpretation if it is a
office. document or contract or to determine what
are the rights of the parties. If it is law, statute
Section 4. Local government ordinances. – In any
executive order or statute, to make a
action involving the validity of a local government
declaration whether the same is valid.
ordinance, the corresponding prosecutor or
attorney of the local governmental unit involved
shall be similarly notified and entitled to be heard. If
such ordinance is alleged to be unconstitutional, the RULE 64: REVIEW OF JUDGMENTS AND FINAL ORDERS
Solicitor General shall also be notified and entitled to OR RESOLUTIONS OF THE COMMISSION ON
be heard. ELECTIONS (COMELEC) AND COMMISION ON AUDIT
(COA)
 Whenever the subject for the petition for
relief is an ordinance, the city attorney or the Section 1. Scope. – This Rule shall govern the review
provincial attorney must also be notified. of judgments and final orders or resolutions of the
Commission on Elections and the Commission on
Section 5. Court action discretionary. – Except in
Audit.
actions falling under the second paragraph of
section 1 of this Rule, the court, motu proprio or upon This Rule is like Rule 65: Petition for Certiorari. This rule
motion, may refuse to exercise the power to declare is applicable only to decision or final orders rendered
rights and to construe instruments in any case where by the COMELEC and COA. This is applicable only to
a decision would not terminate the uncertainty or these two constitutional bodies.
controversy which gave rise to the action, or in any
case where the declaration or construction is not Section 2. Mode of review. – A judgment or final
necessary and proper under the circumstances. order or resolution of the Commission on Elections
and the Commission on Audit may be brought by
 A case of declaratory relief is different the aggrieved party to the Supreme Court on
because the court has the discretion not to certiorari under Rule 65, except as hereinafter
entertain the case. The court may refuse to provided.
exercise the power to declare rights and to
construe instruments in any case where the The decisions of COA and COMELEC are final and
declaration would not terminate the not appealable, hence, there is no appeal remedy
uncertainty or controversy or in any case available. The only mode of review is Rule 64. So, if a
where the declaration or construction is not judgment or final order, or resolution of the COMELE
necessary. or COA may be brought by the aggrieved party to
the Supreme Court, Petition for Certiorari under Rule
Section 6. Conversion into ordinary action. – If before 65.
the final termination of the case, a breach or
violation of an instrument or a statute, executive TAKE NOTE: The Civil Service is a constitutional body.
order or regulation, ordinance, or any other The CSC has a mode of appeal which is under Rule
governmental regulation should take place, the 43. CSC’s judgment or final order is appealable to
action may thereupon be converted into an the Court of Appeals. The decision of the COA and
COMELEC has no appeal and it can only be
reviewed through a Petition for Certiorari to the resolution a quo. The petition shall state the facts with
Supreme Court. certainty, present clearly the issues involved, set forth
the grounds and brief arguments relied upon for
Section 3. Time to file petition. – The petition shall be review, and pray for judgment annulling or
filed within thirty (30) days from notice of the modifying the questioned judgment, final order or
judgment or final order or resolution sought to be resolution. Findings of fact of the Commission
reviewed. The filing of a motion for new trial or supported by substantial evidence shall be final and
reconsideration of said judgment or final order or non-reviewable.
resolution, if allowed under the procedural rules of The petition shall be accompanied by a clearly
the Commission concerned, shall interrupt the legible duplicate original or certified true copy of the
period herein fixed. If the motion is denied, the judgment, final order or resolution subject thereof,
aggrieved party may file the petition within the together with certified true copies of such material
remaining period, but which shall not be less than portions of the record as are referred to therein and
five (5) days in any event, reckoned from notice of other documents relevant and pertinent thereto. The
denial. requisite number of copies of the petition shall
contain plain copies of all documents attached to
Q: Within what time is the Petition for Certiorari
the original copy of said petition.
against the decision rendered by the CA and the
The petition shall state the specific material dates
COMELEC be filed?
showing that it was filed within the period fixed
A: Under this section, it shall be filed within 30 days
herein, and shall contain a sworn certification
form notice of the judgment or final order. So, if you
against forum shopping as provided in the third
are a politician, and someone filed against you for a
paragraph of section 3, Rule 46.
disqualification case, the disqualification was
The petition shall further be accompanied by proof
granted by the COMELEC. The remedy is Petition for
of service of a copy thereof on the Commission
Certiorari to the Supreme Court.
concerned and on the adverse party, and of the
Pates vs Comelec, G.R. No. 184915, June 30, 2009 timely payment of docket and other lawful fees.
The failure of petitioner to comply with any of the
Within 30 days, the filing for a motion for New Trial or foregoing requirements shall be sufficient ground for
Motion for Reconsideration shall interrupt the period the dismissal of the petition.
of 30 days and the aggrieved party has the
remaining period after the receipt of denial for Rule 64 is basically Rule 65. The COMELEC or COA
Motion for Reconsideration and Motion for New Trial. should be impleaded as the respondent as well as
The doctrine in the case of Neypes vs CA does not the private respondent as well as the persons
apply. interested in sustaining the judgment or resolution of
the commission.
So, this is one of the difference in Rule 64 and Rule 65.
The petition should also contain the so called
In Rule 64, whenever a Motion for New Trial or Motion
MATERIAL DATA RULE (Rule 46, Sec. 3) and this refers
for Reconsideration is filed, you only have the
to the date when the aggrieved party has received
remaining period. In Rule 65, it is 60 days from the
the copy of the decision, the date when the copy
receipt of judgment and Neypes Rule apply.
when he received the copy of the order of the
Section 4. Docket and other lawful fees. – Upon the commission denying his m Motion for New Trial or
filing of the petition, the petitioner shall pay to the Motion for Reconsideration if he has filed any. The
clerk of court the docket and other lawful fees and petition should also contain certificate against forum
deposit the amount of P500.00 for costs. shopping as well as verification. This is important
because failure to comply those requirement such
Section 5. Form and contents of petition. – The as the allegations has no dates, the specific material
petition shall be verified and filed in eighteen (18) dates are grounds for the dismissal of the petition.
legible copies. The petition shall name the aggrieved
party as petitioner and shall join as respondents the Section 6. Order to comment. — If the Supreme Court
Commission concerned and the person or persons finds the petition sufficient in form and substance, it
interested in sustaining the judgment, final order or shall order the respondents to file their comments on
the petition within ten (10) days from notice thereof; Section 9. Submission for decision. – Unless the Court
otherwise, the Court may dismiss the petition sets the case for oral argument, or requires the
outright. The Court may also dismiss the petition if it parties to submit memoranda, the case shall be
was filed manifestly for delay or the questions raised deemed submitted for decision upon the filing of the
are too unsubstantial to warrant further proceedings. comments on the petition, or of such other pleadings
After the receipt of the Supreme Court (Only the SC or papers as may be required or allowed, or the
has jurisdiction), if it finds that the petition to be expiration of the period to do so.
sufficient in form and substance. The SC shall order
After the submission of the comment of the
the respondents to file their comments within 10 days
respondent, the petition shall be submitted for
form notice.
decision.
Q: Take note that in a Petition for Certiorari,
Mandamus, Prohibition, there is no summons. If there
is no summons, how come can the court acquire the RULE 65: CERTIORARI, PROHIBITION, AND
jurisdiction over the person of the respondent? MANDAMUS
A: If the court finds the petition to be sufficient in for
and substance, the court shall issue an order Section 1. Petition for certiorari. — When any tribunal,
requiring the respondent to comment. The order board or officer exercising judicial or quasi-judicial
issued by the SC requiring the respondent to functions has acted without or in excess its or his
comment, that will already serve as the summons. jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there
Section 7. Comments of respondents. — The is no appeal, or any plain, speedy, and adequate
comments of the respondents shall be filed in remedy in the ordinary course of law, a person
eighteen (18) legible copies. The original shall be aggrieved thereby may file a verified petition in the
accompanied by certified true copies of such proper court, alleging the facts with certainty and
material portions of the record as are referred to praying that judgment be rendered annulling or
therein together with other supporting papers. The modifying the proceedings of such tribunal, board or
requisite number of copies of the comments shall officer, and granting such incidental reliefs as law
contain plain copies of all documents attached to and justice may require.
the original and a copy thereof shall be served on
the petitioner. PETITION FOR CERTIORARI
Section 8. Effect of filing. — The filing of a petition for TAKE NOTE: The keyword in a petition or certiorari is
certiorari shall not stay the execution of the “Lack of Jurisdiction”, “Grave Abuse of Discretion”,
judgment or final order or resolution sought to be or “Excess of Jurisdiction”.
reviewed, unless the Supreme Court shall direct
Q: What do you mean by “without jurisdiction”?
otherwise upon such terms as it may deem just.
A: It means that the court or tribunal absolutely has
In a petition for certiorari, mandamus or prohibition, no authority to entertain the case. For example, a
the proceedings of the main case would not be case which is cognizable in the RTC is filed in the
stayed or affected. The Petition for Certiorari, MTC.
mandamus and prohibition are separate and
independent actions unless the petitioner has Q: What do you mean by “excess of jurisdiction”?
prayed for the issuance of a TRO and/or Writ of A: It could be that the tribunal or court has jurisdiction
Preliminary Injunction and the court has granted the but it oversteps/transcends its powers or acts without
same. any authority.
Usually, a petition for Certiorari, Prohibition or Liberal Party vs COMELEC 620 SCRA 393 (2010)
Mandamus is accompanied by a prayer for the
issuance of TRO and Writ of Preliminary Injunction but Q: What do you mean by “grave abuse of
if it is a mere prayer, the mere fact it is a mere prayer discretion”?
would not stop the proceeding of the main case. A: Meaning the court or tribunal has jurisdiction but it
There should be an order granting the issuance of exercises or uses its power in a capricious or
TRO or writ of Preliminary Injunction
whimsical manner which is equivalent to lack or evidence of the parties even if one of the assigned
excess of jurisdiction. errors of the aggrieved party is lack of jurisdiction. In
appeal, it may entertain lack or excess of jurisdiction,
Q: What is the difference between error in jurisdiction
or grave abuse of discretion.
and error in judgment?
A: The difference are the following: When appeal is the proper remedy, then, petition or
certiorari is not available. (People of the Philippines
1 In error in jurisdiction, it means that the court vs Chua, G.R. No. 207805, Nov. 22, 2017)
does not have any jurisdiction or has acted
with grave abuse of discretion or in excess of Q: There is a rape case, after hearing the court, it
its jurisdiction. (That is why the remedy is convicted the accused. It finds that the testimony of
petition for certiorari.) Whereas in error of the private complainant is more credible than that
judgment, the court or tribunal has of the accused. May the accused file a Petition for
jurisdiction but it committed errors or mistakes Certiorari over the decision on the ground that the
in the procedure or in the appreciation of the court committed grave abuse of discretion in
facts or in the application of the law. believing the testimony of the private complainant
2 In error of jurisdiction, the decision of the even if the in the mind of the accused, the testimony
court or tribunal is void because it does not of the complainant is unbelievable?
have any jurisdiction or it acted in grave
A: No, because it should be appeal. If there is
abuse or in excess of its jurisdiction while in
already trial, hearing or presentation of evidence,
error of judgment, the decision of the court is
the remedy should be appeal.
not void.
3 In error of jurisdiction, the decision of the Q: There is a civil case beyond pecuniary estimation.
court could be corrected by Petition for If it is filed in the MTC, a motion to dismiss as filed but
Certiorari, which is a special civil action, it was denied by the court. Can a Petition for
whereas in error by judgment, the decision of Certiorari be filed?
the court could be corrected by appeal and A: Yes, because appeal is not a remedy provided
not Petition by Certiorari. that there is grave abuse of discretion. It could also
be that he would go to trial and present evidence
TAKE NOTE: Petition for Certiorari is not a substitute for and then, thereafter file an appeal and assign it was
lost opportunity to file appeal. Appeal and Petition one of the errors, the denial of his motion to dismiss.
for Certiorari are mutually exclusive so when appeal
is available, Petition for Certiorari is not available The petition shall be accompanied by a certified
because as what we have said Petition for Certiorari true copy of the judgment, order or resolution
is only available when appeal is not available. subject thereof, copies of all pleadings and
Where appeal is available to the aggrieved party, documents relevant and pertinent thereto, and a
the special civil action of certiorari will not be sworn certification of non-forum shopping as
entertained. provided in the third paragraph of section 3, Rule 46.
According to the Supreme Court, remedies of The purpose of Petition for Certiorari is to CORRECT
appeal and certiorari are mutually exclusive, not whereas the purpose for Petition for Prohibition is to
alternative or successive. The Supreme Court further PROHIBIT and for Petition for Mandamus, the purpose
said that the proper remedy to obtain a reversal of is to COMPEL.
judgment on the merits, final order or resolution is
appeal. This is true even if the error ascribed to the
court rendering the judgment is its lack of jurisdiction PETITION FOR PROHIBITION
over the subject matter or the exercise of power in
the excess thereof or grave abuse of discretion in the Section 2. Petition for prohibition. — When the
findings of fact, or of law set out in the decision, order proceedings of any tribunal, corporation, board,
or resolution. officer or person, whether exercising judicial, quasi-
judicial or ministerial functions, are without or in
In other words, appeal is the remedy of a decision excess of its or his jurisdiction, or with grave abuse of
rendered by the court after reception of the discretion amounting to lack or excess of jurisdiction,
and there is no appeal or any other plain, speedy, A: The remedy is mandamus. Mandamus is not the
and adequate remedy in the ordinary course of law, remedy if the respondent has a right to decide on
a person aggrieved thereby may file a verified how to perform his duties but if he has no discretion
petition in the proper court, alleging the facts with because it is purely ministerial, mandamus is
certainty and praying that judgment be rendered available.
commanding the respondent to desist from further
proceedings in the action or matter specified Section 3. Petition for mandamus. — When any
therein, or otherwise granting such incidental reliefs tribunal, corporation, board, officer or person
as law and justice may require. unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting
Certiorari and Prohibition are almost the same. It was from an office, trust, or station, or unlawfully excludes
mentioned earlier (the example above), on action another from the use and enjoyment of a right or
beyond pecuniary estimation which was filed in the office to which such other is entitled, and there is no
MTC, the defendant filed a motion to dismiss but was other plain, speedy and adequate remedy in the
denied. The remedy could be Petition for Certiorari ordinary course of law, the person aggrieved
and it could also be Petition for Prohibition. Then, it thereby may file a verified petition in the proper
could also be combined, Petition for Certiorari and court, alleging the facts with certainty and praying
Prohibition. It could also be only Petition Certiorari that judgment be rendered commanding the
accompanied by a prayer for the issuance of TRO respondent, immediately or at some other time to be
and a writ of Preliminary Injunction. specified by the court, to do the act required to be
done to protect the rights of the petitioner, and to
PETITION FOR MANDAMUS
pay the damages sustained by the petitioner by
The purpose is to compel the respondent to perform reason of the wrongful acts of the respondent.
an act which is merely ministerial on his part to
perform. This is applicable only if the respondent is Q: There is this one case where the student enrolled
required to perform an action which is merely in a course of Architecture, he failed in many
ministerial. subjects. He shifted to another course of Commerce.
When he shifted to another course, he have high
 MINISTERIAL – no option or no discretion grades, even if the low grades in Architecture will be
Q: (In amendment of the complaint before the included, he will still graduate Cum Laude. The
defendant files an answer, it is a matter of right on problem is he had failing grades. He was disqualified
the part of the plaintiff. In other words, the court has to graduate with latin honors. He then filed a Petition
no right to deny.) Suppose the plaintiff filed an for Mandamus commanding the respondent to let
Amended Complaint before the defendant filed an him graduate with latin honors. Petition for
answer but the amended complaint was denied by Mandamus is available when the respondent is
the court. What is the remedy of the plaintiff to merely exercising a ministerial act. Is it ministerial on
compel the court to accept the amended the part of the school?
complaint considering that it is a matter of right of A: Mandamus will not lie. USC vs CA, G.R. No 79237,
the plaintiff? October 18, 1988
A: The remedy is mandamus because it is the duty of
According to the Supreme Court, nevertheless, even
the court to accept the amended complaint.
if she succeeded in removing her failing grades, it
Q: (A motion for execution will be filed after the was still within the sound discretion of the petitioners
decision has become final and executory because to determine whether private respondent was
there was no Motion for Reconsideration or Motion entitled to graduate with honors. The Court finds that
for New Trial filed. Once the decision becomes final USC did not commit a grave abuse of discretion in
and executory and the plaintiff files a motion for denying the honors sought by the student under the
execution, it becomes ministerial on the part of the circumstances. Indeed, the aforesaid change of
court to issue the writ of execution.) Suppose the grades did not automatically entitle her to the
motion for issuance of the Writ of Execution was award of honors.
denied, what is the remedy of the winning party?
When the respondent has the discretion, mandamus
is not available. But the Writ of Mandamus may be
issued to compel the respondent to exercise his interrupt but would give the petitioner or aggrieved
discretion. He cannot be forced how to decide or on party a fresh period. It says that the petition is filed
how to exercise his discretion but he can be ordered not later than 60 days counted from the notice of the
to exercise such discretion. For example a City denial of the motion. The Neypes Rule applies. If the
Prosecutor’s office has the discretion as to whether order is rendered by the RTC, the petition shall be
or not file a case or not. He cannot be compelled to filed in the Court of Appeals or Sandiganbayan. If
immediately file the case but may be ordered to the petition involves an action or omission of quasi-
exercise its discretion. That is the ruling of the SC in judicial agency, the petition shall only be filed in the
the case of Sharp International Marketing vs CA Sept Court of Appeals. The question on where to file a
4, 1991, According to the SC, Mandamus is not Petition for Certiorari, it should be filed in the higher
available to control the discretion but the writ court. It should be where the court where the case is
however may be issued to compel the exercise of to be appealed.
discretion but not the discretion itself. Mandamus
EXAMPLE: In election cases involving barangay
can require action only but not a specific action
officials which are filed in the MTC, the decision of
where the act sought to be performed involves the
the MTC shall be appealed in the COMELEC. The
exercise of discretion.
Petition for Certiorari is also filed in the COMELEC.
The decision of the court is final executory and not
In the Petition for Certiorari, Mandamus, or
appealable. The only remedy of the aggrieved party
Prohibition. There are three dates that are very
is Petition for Certiorari ad Motion for
important. These are the so called MATERIAL
Reconsideration and New Trial is not allowed.
DATA/DATES:
TAKE NOTE: The distinction between Petition for 1 The date when the final order or resolution
Certiorari and Petition for Review on Certiorari.
was received
Section 4. When and where petition filed. — The 2 The date when a motion for new trial or
petition shall be filed not later than sixty (60) days reconsideration was filed
from notice of the judgment, order or resolution. In 3 The date when the notice of denial of said
case a motion for reconsideration or new trial is motion was received
timely filed, whether such motion is required or not, Failure to comply with any of the requirements shall
the sixty (60) day period shall be counted from be sufficient ground for the dismissal of the petition.
notice of the denial of said motion. (Malixi vs Baltazar, G.R. No. 208224, Nov. 22, 2017).
The petition shall be filed in the Supreme Court or, if
it relates to the acts or omissions of a lower court or Section 5. Respondents and costs in certain cases. –
of a corporation, board, officer or person, in the When the petition filed relates to the acts or
Regional Trial Court exercising jurisdiction over the omissions of a judge, court, quasi-judicial agency,
territorial area as defined by the Supreme Court. It tribunal, corporation, board, officer or person, the
may also be filed in the Court of Appeals whether or petitioner shall join, as private respondent or
not the same is in aid of its appellate jurisdiction, or respondents with such public respondent or
in the Sandiganbayan if it is in aid of its appellate respondents, the person or persons interested in
jurisdiction. If it involves the acts or omissions of a sustaining the proceedings in the court; and it shall
quasi-judicial agency, unless otherwise provided by be the duty of such private respondents to appear
law or these Rules, the petition shall be filed in and and defend, both in his or their own behalf and in
cognizable only by the Court of Appeals. behalf of the public respondent or respondents
No extension of time to file the petition shall be affected by the proceedings, and the costs
granted except for compelling reason and in no awarded in such proceedings in favor of the
case exceeding fifteen (15) days petitioner shall be against the private respondents
only, and not against the judge, court, quasi-judicial
This is different with Rule 64 because under Rule 64, agency, tribunal, corporation, board, officer or
the filing for Motion for Reconsideration or Motion for person impleaded as public respondent or
New Trial would merely interrupt the 30-day period. respondents.
Under Rule 65, the filing for the Motion for Unless otherwise specifically directed by the court
Reconsideration or Motion for New Trial will not only where the petition is pending, the public
respondents shall not appear in or file an answer or process, the court shall issue an order requiring the
comment to the petition or any pleading therein. If respondent or respondents to comment on the
the case is elevated to a higher court by either party, petition within ten (10) days from receipt of a copy
the public respondents shall be included therein as thereof. Such order shall be served on the
nominal parties. However, unless otherwise respondents in such manner as the court may direct,
specifically directed by the court, they shall not together with a copy of the petition and any
appear or participate in the proceedings therein. annexes thereto.
In petitions for certiorari before the Supreme Court
Under this section, the public officer or the judge and the Court of Appeals, the provisions of section 2,
who rendered the judgment or order which is the Rule 56, shall be observed. Before giving due course
subject of petition shall be made as a respondent. thereto, the court may require the respondents to file
The person interested in the order or decision which their comment to, and not a motion to dismiss, the
is subject of the petition shall be joined as private petition. Thereafter, the court may require the filing
respondent. of a reply and such other responsive or other
EXAMPLE: In civil case of incapable of pecuniary pleadings as it may deem necessary and proper.
estimation field in the MTC, Mr. P filed a case against Q: What is the use of the order of the court requiring
Mr. D. Mr. D filed a Motion to Dismiss for lack of the respondent to issue comment?
jurisdiction denied by the court. Mr. D filed a petition A: Aside from complying with the requirements of
for Certiorari and he should implead the judge as due process because the respondent is required to
public respondent and aside from the judge, the comment, this is also a mode of acquiring jurisdiction
adverse party should also be joined as a private over the person of the respondent.
respondent. Even if the judge is joined as a public
respondent, he should not appear in the case. He is TAKE NOTE: In a Petition for Certiorari, filing a Motion
just a nominal party and it would be the duty of the for reconsideration is a condition sine qua non. It is
private respondent. Unless the higher court where mandatory. That is one distinction between Petition
the petition is filed would direct the public for Review on Certiorari and Petition for Certiorari. In
respondent to file his comment. a Petition for Certiorari, filing of a Motion for
Reconsideration is mandatory otherwise, the petition
It is a duty of the private respondent to defend the will be dismissed.
decision or the order that is being questioned. So the
public respondent is merely a nominal party. Q: Why is this mandatory?
A: A Petition for Certiorari could only be availed by
Q: Suppose the defendant is not joined as a private the aggrieved party if there is no other remedy. So, if
respondent, would it cause the dismissal of the case? he did not file a Motion for Reconsideration, it means
A: According to the Supreme Court, citing Sec. 11 he has other remedies. And also another reason for
Rule 3, misjoinder of a party is not a party is not a requiring the aggrieved party to file a Motion for
ground for dismissal whether it is indispensable or a Reconsideration before filing a Petition for Certiorari
necessary party. The adverse party will file a Motion is to give another opportunity to the court or tribunal
to Implead or the court may order the petitioner to to take a second look upon the order or judgment.
amend the petition.
However, there are instances where Motion for
People of the Philippines vs Cuyo, G.R. No. 192164, Reconsideration is not required or excused before
Oct. 12, 2011 filing a Petition for Certiorari, Prohibition, or
Mandamus, which are the following:
Non-inclusion as private respondent of the party
interested in sustaining the proceedings in the lower 1 Where the order is a patent nullity such as
court is not ground for dismissal of the case. When where the lower court has no jurisdiction
the court finds the petition to be sufficient in form 2 Where the Motion for Reconsideration would
and substance, the court will issue an order requiring be useless
the respondent to comment. 3 Where the petitioner was deprived of due
process and there is extreme urgency for
Section 6. Order to comment. – If the petition is
relief
sufficient in form and substance to justify such
CASE TO READ: Morales vs. CA & Binay, G.R. No. petition shall not interrupt the course of the principal
217126-7, Nov. 10, 2015 case unless a temporary restraining order or a writ of
preliminary injunction has been issued against the
Q: What are the distinctions of Petition for Review for
public respondent from further proceeding in the
Certiorari vs. Petition for Certiorari? (!!!)
case.
A: The distinctions are the following:
A Petition for Certiorari is a separate and
1 In Petition for Review on Certiorari, Motion for
independent action because it is a separate and
Reconsideration is not required while in a
independent action, it will not stop the proceedings
Petition for Certiorari, the filing of a Motion for
of the main case unless the higher court has issued a
Reconsideration is a condition precedent.
restraining order. So, that is why the Petition for
2 In Petition for Review on Certiorari, the judge
Certiorari, prohibition are usually coupled with the
or lower court or agency that rendered the
application of TRO and Writ of Preliminary Injunction.
decision is not to be impleaded. While in
Mere prayer would not be sufficient. The prayer must
Petition for Certiorari, the judge or agency
be granted by the higher court so that the
has to be impleaded in the petition.
proceedings in the lower court should be stopped or
3 In a Petition for Review for Certiorari shall be
interrupted.
filed within 15 days from the receipt of the
decision or order. While in a Petition for The public respondent shall proceed with the
Certiorari has to be filed within 60 days from principal case within ten (10) days from the filing of a
the judgment or order or order denying the petition for certiorari with a higher court or tribunal,
Motion for Reconsideration or New Trial. absent a temporary restraining order or a preliminary
4 In Petition for Review on Certiorari, the injunction, or upon its expiration. Failure of the public
petition is based on pure questions of law, respondent to proceed with the principal case may
while in Petition for Certiorari, the petition is be a ground for an administrative charge.
based on lack of jurisdiction or grave abuse
of discretion. If the public respondent fails to proceed with the
hearing of the case within 10 days from the filing of
TAKE NOTE: A Petition for Certiorari is not a substitute the petition if there is no TRO or writ of injunction
for lost opportunity to file appeal but there are issued. He can be subjected to disciplinary action.
decisions by the SC where a Petition for Certiorari is The one who will file the comment is only the private
treated as a Petition for Review on Certiorari in the respondent. The public respondent should not
interest of justice. In some cases, Supreme Court appear and file any comment unless ordered by the
treated the Petition for Certiorari as a Petition for higher court where the petition is pending.
Review on Certiorari in the interest of substantial
justice: Section 8. Proceedings after comment is filed. – After
the comment or other pleadings required by the
 If the petition for certiorari was filed within the court are filed, or the time for the filing thereof has
reglementary period for the filing for a expired, the court may hear the case or require the
Petition for Review on Certiorari. parties to submit memoranda. If, after such hearing
 When there is sufficient reason to justify the or filing of memoranda or upon the expiration of the
relaxation of the rules. period for filing, the court finds that the allegations of
CASE TO READ: Sanchez vs People of the the petition are true, it shall render judgment for such
Philippines, G.R. No. 204589, Nov. 19, 2014 relief to which the petitioner is entitled.
and Bongalon vs People of the Philippines,
G.R. No. 169533, Mar. 20, 2013. After the comment of the respondent is filed, the
court may hear the case or require the parties just to
Section 7. Expediting proceedings; injunctive relief. submit memoranda. There is no presentation of
— The court in which the petition is filed may issue evidence in this stage. Filing a Petition for Certiorari is
orders expediting the proceedings, and it may also risky. Look at the second to the last paragraph of Sec
grant a temporary restraining order or a writ of 8:
preliminary injunction for the preservation of the
rights of the parties pending such proceedings. The However, the court may dismiss the petition if it finds
the same patently without merit or prosecuted
manifestly for delay, or if the questions raised therein A: His remedy is Petition for Quo Warranto and the
are too unsubstantial to require consideration. In respondent shall be the person who usurps or
such event, the court may award in favor of the unlawfully hold such a public office.
respondent treble costs solidarily against the c An association which acts as a corporation
petitioner and counsel, in addition to subjecting within the Philippines without being legally
counsel to administrative sanctions under Rules 139 incorporated or without lawful authority so to
and 139-B of the Rules of Court. act.
The Court may impose motu proprio, based on res The petition for Quo Warranto could also be filed
ipsa loquitur, other disciplinary sanctions or measures
against a group of person who pretended
on erring lawyers for patently dilatory and
themselves to be duly registered as a corporation
unmeritorious petitions for certiorari. when in fact they are not.
In addition, the petitioner as well as the counsel is Sec. 1(a/b) pertains to public office. In Sec 1(c), the
subject to disciplinary action and the court may state is also interested because it relates to the group
impose motu proprio disciplinary action based on of persons who pretend to be duly registered as a
the Doctrine of Res Ipsa Loquitor, the evidence used corporation when in fact they are not.
is the baseless petition for certiorari itself.
Q: Who can file a Peititon for Quo Warranto?
Section 9. Service and enforcement of order or A: The Petitioner is the government and it is the
judgment. – A certified copy of the judgment Solicitor General who will file the petition.
rendered in accordance with the last preceding
section shall be served upon the court, quasi-judicial Section 2. When Solicitor General or public
agency, tribunal, corporation, board, officer or prosecutor must commence action. — The Solicitor
person concerned in such manner as the court may General or a public prosecutor, when directed by
direct, and disobedience thereto shall be punished the President of the Philippines, or when upon
as contempt. An execution may issue for any complaint or otherwise he has good reason to
damages or costs awarded in accordance with believe that any case specified in the preceding
section 1 of Rule 39. section can be established by proof, must
commence such action.
However, there are exceptions to Sec. 2, where a

RULE 66: QUO WARRANTO private individual can file a Petition for Quo
Warranto.
Q: What do you mean by QUO WARRANTO?
A: Quo Warranto literally means “by what authority”. EXAMPLE: Petition for Quo Warranto filed by the
office of the Solicitor General is that case of Republic
Section 1. Action by Government against individuals.
of the Philippines vs Sereno, G.R. No. 237428, May 11,
— An action for the usurpation of a public office,
2018.
position or franchise may be commenced by a
verified petition brought in the name of the Republic Quo Warranto is available in favor of Pubic Officer
of the Philippines against: illegally removed and replaced. There was a case
a A person who usurps, intrudes into, or where a provincial prosecutor of Negros Oriental
unlawfully holds or exercises a public office, was illegally transferred in Tarlac. He filed a Petition
position or franchise; for Quo Warranto. (Read the case of Lacson vs
b A public officer who does or suffers an act Romero 84 Phil 740 (G.R. No. L-3081))
which, by the provision of law, constitutes a This is called COMPLUSORY QUO WARRANTO.
ground for the forfeiture of his office; or
Q: What is the remedy of a school principal who was Section 3. When Solicitor General or public
dismissed by the school immediately and someone prosecutor may commence action with permission
took over her position with no reason or what is the of court. – The Solicitor General or a public
remedy of a city prosecutor who was transferred to prosecutor may, with the permission of the court in
Mindanao and someone took over his position? which the action is to be commenced, bring such an
action at the request and upon the relation of
another person; but in such case the officer bringing A petition for Quo Warranto, the petitioner shall
it may first require an indemnity for the expenses and implead those persons who are claiming to be
costs of the action in an amount approved by and entitled the said office.
to be deposited in the court by the person at whose
request and upon whose relation the same is Section 7. Venue. – An action under the preceding
brought. six sections can be brought only in the Supreme
Court, the Court of Appeals, or in the Regional Trial
Under this section, this is what we call as Court exercising jurisdiction over the territorial area
DISCRETIONARY QUO WARRANTO. In Discretionary where the respondent or any of the respondents
Quo Warranto is a two-step: resides, but when the Solicitor General commences
the action, it may be brought in a Regional Trial
1 The first step is to file a petition asking a
Court in the City of Manila, in the Court of Appeals,
permission from the court to file a Petition for
or in the Supreme Court.
Quo Warranto
2 The second step is to file a Petition for Quo Q: Where should the petition for Quo Warranto be
Warranto itself if the Petition asking filed?
permission to file Quo Warranto is granted by A: The Supreme Court, CA & RTC have concurrent
the court. jurisdiction but must follow the Doctrine of Hierarchy
of Courts. An action for Quo Warranto can be
Section 5. When an individual may commence such
brought only in the SC, CA & RTC exercising
an action. — A person claiming to be entitled to a
jurisdiction over the territorial area where the
public office or position usurped or unlawfully held or
respondent resides. So, the venue is the place of the
exercised by another may bring an action therefor in
respondent, except that when the petition is filed by
his own name. (!!!) the Office of the Solicitor General, it can be brought
As previously tackled, a Petition for Quo Warranto to the RTC of Manila, Court of Appeals or the
would usually be filed by the Office of the Solicitor Supreme Court.
General. There is an instance where the Quo Q: There was bar question where the Solicitor
Warranto can be filed by a private individual and General filed a Petition for Quo Warranto against a
that is mentioned in Sec. 5. group of persons in Cebu City who pretended
Just like in the case of the public prosecutor where themselves as a corporation when in fact they are
he was transferred illegally to Tarlac, even without not registered. The petition for Quo warranto was
the participation of the Office of the Solicitor filed in the RTC of Manila. A motion to dismiss (under
General, he may file a Petition for Quo Warranto old Rules) was filed on the ground of improper
because he is claiming right over the position. It is venue. Is the motion meritorious?
required that he must be claiming to be entitled of A: No, because under Sec. 7, when the Petition for
the position because if not he has no right or legal Quo Warranto is filed by the Solicitor General, that
personality to file the petition for Quo Warranto. petition can be filed in the RTC of Manila, CA or SC.
But if it is not filed by the Solicitor General, the same
Section 6. Parties and contents of petition against shall be filed in the RTC where the respondent is
usurpation. – When the action is against a person for residing.
usurping a public office, position or franchise, the
petition shall set forth the name of the person who Section 8. Period for pleadings and proceedings
claims to be entitled thereto, if any, with an may be reduced; action given precedence. – The
averment of his right to the same and that the court may reduce the period provided by these
respondent is unlawfully in possession thereof. All Rules for filing pleadings and for all other
persons who claim to be entitled to the public office, proceedings in the action in order to secure the most
position or franchise may be made parties, and their expeditious determination of the matters involved
respective rights to such public office, position or therein consistent with the rights of the parties. Such
franchise determined, in the same action. action may be given precedence over any other
civil matter pending in the court.

Section 9. Judgment where usurpation found. – When arose, nor to authorize an action for damages in
the respondent is found guilty of usurping, intruding accordance with the provisions of the next
into, or unlawfully holding or exercising a public preceding section unless the same be commenced
office, position or franchise, judgment shall be within one (1) year after the entry of the judgment
rendered that such respondent be ousted and establishing the petitioner's right to the office in
altogether excluded therefrom, and that the question.
petitioner or relator, as the case may be, recover his Republic of the Philippines vs Sereno, G.R. No.
costs. Such further judgment may be rendered 237428, May 11, 2018
determining the respective rights in and to the public
office, position or franchise of all the parties to the There is a prescriptive period of one year. A Petition
action as justice requires. for Quo Warranto must be field within one year after
the cause of such ouster occurred. This is one of the
When the court finds that the petition is meritorious, arguments raised by the former Chief Justice Sereno.
the court shall order the usurper to vacate the office Her argument was that the action already
that he is usurping. If it is filed by a private individual, prescribed. Why did it prescribe based on her
The court shall also require the respondent to turn argument? Because the Rule provides that it is one
over all the documents and books to the petitioner. year from the occurrence of the cause. She was
appointed as Chief Justice sometime in 2011, so she
Section 10. Rights of persons adjudged entitled to argued that the action already prescribed.
public office; delivery of books and papers;
damages. – If judgment be rendered in favor of the Q: Why was she still removed as Chief Justice?
person averred in the complaint to be entitled to the A: According to the Supreme Court, one year
public office he may, after taking the oath of office prescriptive period to file quo warranto applies only
and executing any official bond required by law, to private individuals who are asserting their rights of
take upon himself the execution of the office, and office but not when it is only the government itself
may immediately thereafter demand of the seeking relief for a public wrong and solely for public
respondent all the books and papers in the interest. In other words, the SC is saying that the one
respondent’s custody or control appertaining to the year prescriptive period only applies to private
office to which the judgment relates. If the individuals and it does not lie against the
respondent refuses or neglects to deliver any book government.
or paper pursuant to such demand, he may be
Chief Justice Sereno argued that he cannot be
punished for contempt as having disobeyed a lawful
removed by Quo Warranto because she is an
order of the court. The person adjudged entitled to
impeachable official and it is mandated by the
the office may also bring action against the
Constitution that Jusitcies of the Supreme Court
respondent to recover the damages sustained by
could only be removed by Impeachment and not by
such person by reason of the usurpation.
Quo Warranto. In this case of Republic vs Sereno, the
When the court adjudged that he is entitled to the Supreme Court gave distinctions between Quo
office, he can file a separate action for damages. Warranto & Impeachment.
So, the person adjudged entitled to the office may
Another argument of CJ Sereno, she argued that
bring an action against the respondent to recover
Quo Warranto Petition would not prosper because
the damages sustained by such person by reason of
an Impeachment complaint has already been filed
the usurpation. So, the court cannot award
or pending before the House of Representatives. She
damages. The petitioner has to file a separate action
asked for the dismissal of the Petition for Quo
for damages.
Warranto. Is it proper that a Petition for Quo
Section 11. Limitations. — Nothing contained in this Warranto will proceed even if there is a pending
Rule shall be construed to authorize an action Impeachment complaint in Congress? READ THE
against a public officer or employee for his ouster CASE T_T
from office unless the same be commenced within In this decision of the SC, Quo Warranto and
one (1) year after the cause of such ouster, or the Impeachment can proceed independently and
right of the petitioner to hold such office or position, simultaneously.

jurisdiction also exercise this power. NGCP which is a

private corporation has been given by law
grounds
the power of eminent domain.
applicable rules pertaining to initiation, filing and 2 There must be just compensation
dismissal 3 Due process must be observed. Although the
government has the power to take private
limitations property for public use, there must be due
process. When it involves due process, it
Q: What is the distinction of a Quo Warranto
means that the procedures laid down in Rule
between an Elective Office and Appointive Offices?
67 must be followed.
 In quo warranto proceedings affecting
elective offices, the issue is the eligibility of Section 1. The complaint. — The right of eminent
the respondent, he did not comply with the domain shall be exercised by the filing of a verified
residency requirement. Whereas appointive complaint which shall state with certainty the right
offices, the issue is the validity of the and purpose of expropriation, describe the real or
appointment. personal property sought to be expropriated, and
 Where an elective office is involved, the join as defendants all persons owning or claiming to
occupant was declared ineligible or disloyal own, or occupying, any part thereof or interest
will be unseated but the petitioner will not be therein, showing, so far as practicable, the separate
declared the rightful occupant of the office. interest of each defendant. If the title to any
Whereas in appointive offices, the court will property sought to be expropriated appears to be in
oust the person illegally appointed and will the Republic of the Philippines, although occupied
order the seating of the person who was by private individuals, or if the title is otherwise
legally appointed and entitled to the office. obscure or doubtful so that the plaintiff cannot with
accuracy or certainty specify who are the real
Section 12. Judgment for costs. – In an action owners, averment to that effect shall be made in the
brought in accordance with the provisions of this complaint.
Rule, the court may render judgment for costs
against either the petitioner, the relator, or the Expropriation is not limited to real properties,
respondent, or the person or persons claiming to be personal properties could also be subject to
a corporation, or may apportion the costs, as justice expropriation but in rare circumstances. In the
requires. complaint, all person owning or claiming, the whole
or part, shall be impleaded as defendants. It is
possible that there are many defendants because all
owners shall be impleaded. All lots subject to
RULE 67: EXPROPRIATION
expropriation for example in a road widening shall
Q: What is EMINENT DOMAIN? be described.
A: This refers to the right or power of the state to take
private property for public use upon payment of jut Section 2. Entry of plaintiff upon depositing value with
compensation. authorized government depositary. — Upon the filing
of the complaint or at any time thereafter and after
This rule relates to the power of the state to eminent due notice to the defendant, the plaintiff shall have
domain. It tells us the procedure to be followed the right to take or enter upon the possession of the
whenever the state exercises its power of eminent real property involved if he deposits with the
domain. There are three limiations on the exercise of authorized government depositary an amount
the power of eminent domain. These are the equivalent to the assessed value of the property for
following: purposes of taxation to be held by such bank subject
1 It is exercised only by the state or its entities to the orders of the court. Such deposit shall be in
authorized by law such as the local money, unless in lieu thereof the court authorizes the
government code for the LGUs to file deposit of a certificate of deposit of a government
expropriation cases. It can only be exercised bank of the Republic of the Philippines payable on
by the state. Under the LGC, the LGUs may demand to the authorized government depositary.

If personal property is involved, its value shall be the implementing agency in right of way cases,
provisionally ascertained and the amount to be pursuant to RA No. 10752, without a court order
deposited shall be promptly fixed by the court. issued for the account of the office of clerk of court
After such deposit is made the court shall order the for the multiple sala courts or the court itself for single
sheriff or other proper officer to forthwith place the sala courts. In other words, the courts are required to
plaintiff in possession of the property involved and accept the deposit of the implementing agency in
promptly submit a report thereof to the court with right of way cases pursuant to RA 10752 without a
service of copies to the parties. court order.
It was previously discussed about preliminary deposit

deposited in the bank. This rule is applicable to other
There are instances that the use of the government cases of expropriations. This RA 10752 is for the
of such property is urgent. When the government is National Infrastructure Projects which are immediate
involved in taking a property, it is the DPWH who is projects like airports.
usually involved. The government has to inform the
defendants that it is claiming its property and the Upon the filing of the complaint and any time
amount to be deposited which is equivalent to the thereafter and after due notice to the defendant,
assessed value of the property to the government the implementing agency shall deposit to the court
authorized banks, which are Land Bank of the in favor of the owner the 100% of the zonal value of
Philippines and Development Bank of the Philippines. the land (if national infrastructure projects).
The assessed value is found at the back of a Tax ZONAL VALUE – amount assigned by BIR
Declaration. Usually, the assessed value si 25% of the ASSESSED VALUE – amount to be assigned by the
market value. If the plaintiff is the government, the municipal or city assessor
government can ask the court to issue a WRIT OF
POSSESSION. The RTCs are required to issue the writ upon making
the deposit. The RTCs are required to issue the writ of
The amount deposited which is equivalent to the possession within 7 days after the deposit to the court
assessed value of the property would serve as a the amount equivalent to the 100% of the zonal
preliminary payment or advance payment for just value of the property or properties involved.
compensation. The usual issue in this case is in
determining the amount of just compensation. The x----------End of RA No. 10752------------x
preliminary deposit made by the government would
Going back to Sec. 2, it is for the general cases of
serve as an advance payment.
expropriation. The Supreme court in the case of
Q: What if the expropriation case would be dismissed Municipality of Cordova vs Pathfinder Development
because the expropriation is not justifiable? Corporation, G.R. No. 205544, June 29, 2016, it
A: The preliminary deposit would serve as the mentions that the requirements for issuance of writ of
preliminary payment for the damages sustained by possession for expropriation cases (not under RA
the defendants. 10752, because zonal value is the basis). No hearing
is actually required for the issuance of a writ of
x--------RA No. 10572---------x
possession, which demands only two requirements:
Expropriation proceedings can be filed in the LGU or 1 the sufficiency in form and substance of the
National Government. Under OCA Circular No. 113- complaint
2019, July 16, 2019, this is in connection to RA No. 2 the required provisional deposit.
10752, which repealed RA No. 8974. In RA No. 8974,
this is a special law to facilitate the acquisition of right The sufficiency in form and substance of the
of way, site or location of the National Government complaint for expropriation can be determined by
Infrastructure projects while RA No. 10752 is the mere examination of the allegations of the
applicable to National Government Infrastructure complaint.
Projects.
Section 3. Defenses and objections. — If a defendant
Back to OCA Circular No. 113-2019, under the has no objection or defense to the action or the
circular, RTC are required to accept the deposit of taking of his property, he may file and serve a notice

of appearance and a manifestation to that effect, determined as of the date of the taking of the
specifically designating or identifying the property in property or the filing of the complaint, whichever
which he claims to be interested, within the time came first.
stated in the summons. Thereafter, he shall be A final order sustaining the right to expropriate the
entitled to notice of all proceedings affecting the property may be appealed by any party aggrieved
same thereby. Such appeal, however, shall not prevent
If a defendant has any objection to the filing of or the the court from determining the just compensation to
allegations in the complaint, or any objection or be paid.
defense to the taking of his property, he shall serve After the rendition of such an order, the plaintiff shall
his answer within the time stated in the summons. The not be permitted to dismiss or discontinue the
answer shall specifically designate or identify the proceeding except on such terms as the court
property in which he claims to have an interest, state deems just and equitable.
the nature and extent of the interest claimed, and
adduce all his objections and defenses to the taking In expropriation proceedings, multiple appeals are
of his property. No counterclaim, cross-claim or third- allowed. The order of the court allowing
party complaint shall be alleged or allowed in the expropriation can be subject to appeal although it is
answer or any subsequent pleading. an interlocutory order. Under Sec. 4, the order of the
A defendant waives all defenses and objections not court allowing the expropriation can be subject to
so alleged but the court, in the interest of justice, appeal.
may permit amendments to the answer to be made TAKE NOTE: When multiple appeals are allowed,
not later than ten (10) days from the filing thereof. Record on Appeal is required.
However, at the trial of the issue of just compensation
Section 5. Ascertainment of compensation. — Upon
whether or not a defendant has previously
the rendition of the order of expropriation, the court
appeared or answered, he may present evidence
shall appoint not more than three (3) competent
as to the amount of the compensation to be paid for
and disinterested persons as commissioners to
his property, and he may share in the distribution of
ascertain and report to the court the just
the award.
compensation for the property sought to be taken.
As mentioned earlier, the usual issue in expropriation The order of appointment shall designate the time
proceedings is just compensation. There shall be a and place of the first session of the hearing to be
hearing if the defendant contest with the held by the commissioners and specify the time
government or object the expropriation. After the within which their report shall be submitted to the
hearing, the court will issue an order whether or not court.
the expropriation is proper. Copies of the order shall be served on the parties.
Objections to the appointment of any of the
In expropriating proceedings, there are two stages:
commissioners shall be filed with the court within ten
1 The determination of the court as to whether (10) days from service, and shall be resolved within
expropriation is proper. If the defendant does thirty (30) days after all the commissioners shall have
not object, it would be single step process received copies of the objections.
because the court has to only determine just
compensation. The issue on just compensation is beyond the
2 Determination of Just Compensation competence the court because usually the judge
does not have the expertise to determine the value
Section 4. Order of expropriation. – If the objections of the property. The court shall require to create or to
to and the defenses against the right of the plaintiff appoint commissioners not more than three. The
to expropriate the property are overruled, or when appointment of the commissioners is MANDATORY. In
no party appears to defend as required by this Rule, expropriation proceedings the appointment of
the court may issue an order of expropriation commissioners is mandatory.
declaring that the plaintiff has a lawful right to take
the property sought to be expropriated, for the Q: What if the government will not file a case of
public use or purpose described in the complaint, expropriation. What can the landowners do?
upon the payment of just compensation to be A: They can file an action against the government, it
is not expropriation but INVERSE CONDEMNATION.
They would ask the court to compel the government shall have accepted their report and rendered
to pay them the amount of just compensation. judgment in accordance with their
recommendations. Except as otherwise expressly
NPC vs Asoque, G.R. No. 172507, Sept. 14, 2016
ordered by the court, such report shall be filed within
In this case, the National Power Corporation wants sixty (60) days from the date the commissioners were
to buy the lot of spouses Asuki for its transmission line notified of their appointment, which time may be
without just compensation. The spouse filed a extended in the discretion of the court. Upon the
complaint against NPC for payment of Just filing of such report, the clerk of the court shall serve
Compensation, however, the case filed is INVERSE copies thereof on all interested parties, with notice
CONDEMNATION. Rule 67 will not apply because that they are allowed ten (10) days within which to
there is no expropriation. The appointment of file objections to the findings of the report, if they so
commissioners will be governed by Rule 32 and not desire.
Rule 67. Section 8. Action upon commissioners’ report. –
Upon the expiration of the period of ten (10) days
Section 6. Proceedings by commissioners. — Before referred to in the preceding section, or even before
entering upon the performance of their duties, the the expiration of such period but after all the
commissioners shall take and subscribe an oath that interested parties have filed their objections to the
they will faithfully perform their duties as report or their statement of agreement therewith,
commissioners, which oath shall be filed in court with the court may, after hearing, accept the report and
the other proceedings in the case. Evidence may be render judgment in accordance therewith; or, for
introduced by either party before the commissioners cause shown, it may recommit the same to the
who are authorized to administer oaths on hearings commissioners for further report of facts; or it may set
before them, and the commissioners shall, unless the aside the report and appoint new commissioners; or
parties consent to the contrary, after due notice to it may accept the report in part and reject it in part;
the parties, to attend, view and examine the and it may make such order or render such
property sought to be expropriated and its judgment as shall secure to the plaintiff the property
surroundings, and may measure the same, after essential to the exercise of his right of expropriation,
which either party may, by himself or counsel, argue and to the defendant just compensation for the
the case. The commissioners shall assess the property so taken.
consequential damages to the property not taken
and deduct from such consequential damages the Q: What would be the action of the court once the
consequential benefits to be derived by the owner report would be filed in court?
from the public use or purpose of the property taken, A: Under Sec. 8, just like under Rule 32, the court will
the operation of its franchise by the corporation or base on the recommendation on the commissioners.
the carrying on of the business of the corporation or The appointment of commissioners is mandatory but
person taking the property. But in no case shall the their report is merely recommendatory. The court
consequential benefits assessed exceed the may accept or reject the report of the
consequential damages assessed, or the owner be commissioners.
deprived of the actual value of his property so taken.
Section 9. Uncertain ownership; conflicting claims. –
Section 7. Report by commissioners and judgment
If the ownership of the property taken is uncertain, or
thereupon. — The court may order the
there are conflicting claims to any part thereof, the
commissioners to report when any particular portion
court may order any sum or sums awarded as
of the real estate shall have been passed upon by
compensation for the property to be paid to the
them, and may render judgment upon such partial
court for the benefit of the person adjudged in the
report, and direct the commissioners to proceed
same proceeding to be entitled thereto. But the
with their work as to subsequent portions of the
judgment shall require the payment of the sum or
property sought to be expropriated, and may from
sums awarded to either the defendant or the court
time to time so deal with such property. The
before the plaintiff can enter upon the property, or
commissioners shall make a full and accurate report
retain it for the public use or purpose if entry has
to the court of all their proceedings, and such
already been made
proceedings shall not be effectual until the court

Q: What about if there are conflicting claimants on After the hearing and the court has determined the
the lots subject to the expropriation? amount of just compensation, if the government has
A: Under Sec. 9, if there are conflicting claimants not yet entered the property or has not yet taken
over the lots subject of the expropriation, the possession, it is now entitled to possession. If it has
amount to be paid for just compensation may be taken possession, it can retain possession upon
deposited in the court until the conflicting claims of payment of the amount to the defendant/s.
the parties will be resolved.
Section 11. Entry not delayed by appeal; effect of
Republic vs Tatad, G.R. No. 187677, April, 17, 2013 reversal. — The right of the plaintiff to enter upon the
property of the defendant and appropriate the
Such findings of ownership in an expropriation
same for public use or purpose shall not be delayed
proceeding should not be construed as final and
by an appeal from the judgment. But if the appellate
binding on the parties. By filing an action for
court determines that plaintiff has no right of
expropriation, the condemnor (petitioner), merely
expropriation, judgment shall be rendered ordering
serves notice that it is taking title to and possession of
the Regional Trial Court to forthwith enforce the
the property, and that the defendant is asserting title
restoration to the defendant of the possession of the
to or interest in the property, not to prove a right to
property, and to determine the damages which the
possession, but to prove a right to compensation for
defendant sustained and may recover by reason of
the taking.
the possession taken by the plaintiff.
If at all, this situation is akin to ejectment cases in
which a court is temporarily authorized to determine Q: What would be the remedy if the government
would not pay the defendant?
ownership, if only to determine who is entitled to
A: As mentioned in the Civil Code (Law on Sales),
possession. This is not conclusive, and it remains open
that if the buyer will not pay, the seller can file a case
to challenge through proper actions.
of rescission of contract or recover the possession.
In order words, they would have to file a separate According to the Supreme Court, in the case of
case if they want a decision over their conflicting Reyes vs NHA, G.R. No. 147511, Jan. 20, 2003, the
case. But the court where the case is pending may non-payment by the expropriating authority of just
rule on the issue of ownership but its ruling is not final compensation does not entitle the private
but merely to determine who is going to receive the landowners to recover the possession of their
amount of jut compensation. The ruing of the court expropriated lots as a rule. To argue of the return of
is similar to an ejectment case, it is merely temporary the property would ignore the fact that their right as
and not final. an expropriating authority is different from that an
unpaid seller in ordinary sales to which the remedy of
Section 10. Rights of plaintiff after judgment and rescission might apply so, rescission is not available.
payment. — Upon payment by the plaintiff to the
defendant of the compensation fixed by the People vs Lim, G.R. No. 161656, June 29, 2005
judgment, with legal interest thereon from the taking However, if the government fails to pay just
of the possession of the property, or after tender to compensation within five years from finality of the
him of the amount so fixed and payment of the judgment, the landowner may have the right to
costs, the plaintiff shall have the right to enter upon recover possession of his property. After five years, he
the property expropriated and to appropriate it for can file a case of Recovery of Possession.
the public use or purpose defined in the judgment,
or to retain it should he have taken immediate The first remedy is to file a Recovery of Possession of
possession thereof under the provisions of section 2 the government fails to pay within the period of 5
hereof. If the defendant and his counsel absent years.
themselves from the court, or decline to receive the Yujuico vs Atienza Jr., G.R. No. 164282, Oct 12, 2005
amount tendered, the same shall be ordered to be
Another remedy of an unpaid landowner is to file a
deposited in court and such deposit shall have the
case of Mandamus to compel the enactment of the
same effect as actual payment thereof to the
necessary appropriate ordinance. This is with regards
defendant or the person ultimately adjudged
to LGUs. The unpaid landowners may file a case of
entitled thereto.
Mandamus to require the local government to
enact appropriation ordinance to pay just Section 13. Recording judgment, and its effect. – The
compensation. judgment entered in expropriation proceedings shall
state definitely, by an adequate description, the
MCIAA vs Lozada Sr., G.R. No. 176625, Feb. 25, 2010
particular property or interest therein expropriated,
Q: What if the expropriated property was not utilized and the nature of the public use or purpose for which
by the government? (For example, in IT Park, it is expropriated. When real estate is expropriated, a
expropriation case was filed to expand the Lahug certified copy of such judgment shall be recorded in
Airport and later on the government abandon the the registry of deeds of the place in which the
property’s pubic purpose) property is situated, and its effect shall be to vest in
A: According to the Supreme Court, the taking of the plaintiff the title to the real estate so described
private property consequent to the government’s for such public use or purpose.
exercise of its power of eminent domain is always
subject to the condition that the property shall be
devoted to the specific public purpose for which it Section 14. Power of guardian in such proceedings.
was taken. This particular purpose is not initiated or – The guardian or guardian ad litem of a minor or of
not at all pursued and is abandoned, then the a person judicially declared to be incompetent may,
former owners if they so desire may seek the with the approval of the court first had, do and
reversion of the property subject to the return of the perform on behalf of his ward any act, matter, or
amount of just compensation received. thing respecting the expropriation for public use or
purpose of property belonging to such minor or
(There was previous decision of the SC where it is not person judicially declared to be incompetent, which
allowed but it was abandoned by the SC.) such minor or person judicially declared to be
incompetent could do in such proceedings if he
Under the LGC RA 7160, Sec. 19, it says that a local
were of age or competent.
government unit through its chief executive and
acting through an ordinance exercise the power of
eminent domain for public use or for purpose or
welfare or benefit of the poor and the landless upon RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE
payment of just compensation.
In contracting a loan with the bank, one shall have
Expropriation Proceedings under the LGC is not to sign two documents which is the contract of loan
necessary for public use provided that the property and the other is the real estate mortgage. If the
is for the poor and homeless. The power of eminent debtor cannot pay, there are two ways of
domain may not be exercise unless a valid offer has foreclosure of the mortgaged property.
been previously made to the owner and such offer
First is Extrajudicial Foreclosure, this is usually availed
was not accepted. This is a condition precedent. If
of by the banks or lending company because this is
the owner would refuse, then the local government
convenient and less expensive. This can be availed
may immediately take possession of the property
of if the debtor if mortgagor has executed a Special
upon the filing of the expropriation proceedings and
Power of Attorney authorizing the creditor to
upon making a deposit with the proper court of at
foreclose the property in the event the debtor fails to
least 15% of the fair market value of the time of the
pay. This is based on Act No. 3135 as amended by
taking of the property.
Act No. 4118.
Section 12. Costs, by whom paid. – The fees of the There are some instances where the creditor would
commissioners shall be taxed as a part of the costs
not require the debtor-mortgagor to sign a special
of the proceedings. All costs, except those of rival power of attorney. If there is no SPA signed by the
claimants litigating their claims, shall be paid by the debtor, the creditor cannot resort to extrajudicial
plaintiff, unless an appeal is taken by the owner of
foreclosure.
the property and the judgment is affirmed, in which
event the costs of the appeal shall be paid by the Q: How is Extrajudicial Foreclosure availed?
owner. A: The creditor will go to the notary public for
publication or he can also go to court for
extrajudicial foreclosure.

The mortgagor could be a third person. For example, court or to the judgment obligee within a period of
you borrowed money in the bank for your expenses not less than ninety (90) days nor more than one
in the bar exam. You have no property but you hundred twenty (120) days from the entry of
mortgaged your parent’s property. So, you become judgment, and that in default of such payment the
the debtor and our parents become the mortgagor. property shall be sold at public auction to satisfy the
judgment.
Second is if the debtor did not sign the SPA, Judicial
Foreclosure can be availed. The procedure in If he wants to avail of foreclosure, he must file a
Judicial Foreclosure is laid down in Rule 68. complaint with the cause of action that is the non-
payment of the loan. The debtor-mortgagor has to
Q: What is the procedure in judicial foreclosure? be impleaded and all person who has interest of the
A: The creditor will become the plaintiff and will file land. After trial, if the court finds the complaint
the a case of Judicial Foreclosure. meritorious, which means there is proof that the
defendant has obtained a loan which was secured
Q: What is the cause of action of the creditor?
by a Real Estate Mortgage, in a decision of the court
A: The non-payment of the loan.
he will give the defendant a last chance to pay his
TAKE NOTE: Foreclosure of the Mortgage is only one debt in order to avoid foreclosure. This is what we call
of the remedies that can be availed of by the EQUITY OF REDEMPTION. The court will give the
creditor. He could also file a case of Collection of defendant a period of 90 to 120 days to pay the
Sum of Money. He could no longer avail of loan. If after the lapse of said period, still the
foreclosure because it is a mutually exclusive or defendant failed to pay, then the property now shall
alternative remedy and not cumulative. be sold at a public auction to satisfy the judgment.
If he avails Collection of Sum of Money and still the As a rule, in judicial foreclosure, there is no right of
defendant cannot pay, he can still sell the property. redemption. In Rule 39, after the property is sold
there is a redemption of one year to buy back said
TAKE NOTE: In Rule 39, if the defendant cannot pay property. In Judicial Foreclosure, there is no right of
and he has a property, auction sale can be done redemption but instead he is given Equity of
with regards to the defendant’s property. Redemption.
Section 1. Complaint in action for foreclosure. – In an In Extrajudicial Foreclosure, the one year right of
action for the foreclosure of a mortgage or other redemption applies. But in Judicial Foreclosure, there
encumbrance upon real estate, the complaint shall is a right of redemption only when the creditor is a
set forth the date and due execution of the bank. In other words, if the creditor is a bank and the
mortgage; its assignments, if any; the names and plaintiff files a judicial foreclosure, the defendant
residences of the mortgagor and the mortgagee; a mortgagor has an equity of redemption and at the
description of the mortgaged property; a statement same time a right of redemption of one year.
of the date of the note or other documentary
evidence of the obligation secured by the Section 3. Sale of mortgaged property; effect. —
mortgage, the amount claimed to be unpaid When the defendant, after being directed to do so
thereon; and the names and residences of all as provided in the next preceding section, fails to
persons having or claiming an interest in the property pay the amount of the judgment within the period
subordinate in right to that of the holder of the specified therein, the court, upon motion, shall order
mortgage, all of whom shall be made defendants in the property to be sold in the manner and under the
the action. provisions of Rule 39 and other regulations governing
Section 2. Judgment on foreclosure for payment or sales of real estate under execution. Such sale shall
sale. – If upon the trial in such action the court shall not affect the rights of persons holding prior
find the facts set forth in the complaint to be true, it encumbrances upon the property or a part thereof,
shall ascertain the amount due to the plaintiff upon and when confirmed by an order of the court, also
the mortgage debt or obligation, including interest upon motion, it shall operate to divest the rights in
and other charges as approved by the court, and the property of all the parties to the action and to
costs, and shall render judgment for the sum so vest their rights in the purchaser, subject to such
found due and order that the same be paid to the rights of redemption as may be allowed by law.

Upon the finality of the order of confirmation or upon section there be a balance due to the plaintiff after
the expiration of the period of redemption when applying the proceeds of the sale, the court, upon
allowed by law, the purchaser at the auction sale or motion, shall render judgment against the
last redemptioner, if any, shall be entitled to the defendant for any such balance for which, by the
possession of the property unless a third party is record of the case, he may be personally liable to
actually holding the same adversely to the judgment the plaintiff, upon which execution may issue
obligor. The said purchaser or last redemptioner may immediately if the balance is all due at the time of
secure a writ of possession, upon motion, from the the rendition of the judgment; otherwise; the plaintiff
court which ordered the foreclosure. shall be entitled to execution at such time as the
balance remaining becomes due under the terms of
Considering that a defendant has no right of the original contract, which time shall be stated in
redemption if the sale is affirmed by the court, the the judgment.
court would divest or dispossess the mortgagor from
his property. The court would issue a writ of After the lapse of the redemption period or if that is
possession. Under the last paragraph, if the right of if there is any redemption period given, if there is
redemption would apply, the buyer has to wait for none, after the sale is affirmed by the court. Then the
the lapse of the redemption period of 1 year. After title of the mortgagor shall be canceled.
the lapse of the redemption period, that is the time
Section 7. Registration. – A certified copy of the final
that he can file for the issuance of the writ of
order of the court confirming the sale shall be
possession.
registered in the registry of deeds. If no right of
Section 4. Disposition of proceeds of sale. — The redemption exists, the certificate of title in the name
amount realized from the foreclosure sale of the of the mortgagor shall be cancelled, and a new one
mortgaged property shall, after deducting the costs issued in the name of the purchaser.
of the sale, be paid to the person foreclosing the Where a right of redemption exists, the certificate of
mortgage, and when there shall be any balance or title in the name of the mortgagor shall not be
residue, after paying off the mortgage debt due, the cancelled, but the certificate of sale and the order
same shall be paid to junior encumbrancers in the confirming the sale shall be registered and a brief
order of their priority, to be ascertained by the court, memorandum thereof made by the registrar of
or if there be no such encumbrancers or there be a deeds upon the certificate of title. In the event the
balance or residue after payment to them, then to property is redeemed, the deed of redemption shall
the mortgagor or his duly authorized agent, or to the be registered with the registry of deeds, and a brief
person entitled to it. memorandum thereof shall be made by the registrar
of deeds on said certificate of title.
Q: How to dispose the proceeds of the sale? If the property is not redeemed, the final deed of sale
A: The proceeds of the sale shall be used to pay the executed by the sheriff in favor of the purchaser at
expense incurred in the sale and used to pay off the foreclosure sale shall be registered with the
amount of the loan. registry of deeds; whereupon the certificate of title in
the name of the mortgagor shall be cancelled and
Q: Suppose there are other creditors? Or Junior
a new one issued in the name of the purchaser.
encumbrancers?
Section 8. Applicability of other provisions. – The
A: After paying the debt if there is an excess, it shall
provisions of sections 31, 32 and 34 of Rule 39 shall be
be paid to the other creditors. If there is still left after
applicable to the judicial foreclosure of real estate
paying all creditors, the rest shall be returned to the
mortgages under this Rule insofar as the former are
owner/mortgagor.
not inconsistent with or may serve to supplement the
Q: If there is a deficiency? provisions of the latter.
A: The plaintiff-creditor can demand for the
payment of the deficiency. There could be
deficiency judgment under Sec 6. RULE 69: PARTITION
Section 6. Deficiency judgment. — If upon the sale of Partition is applicable only when there is co-
any real property as provided in the next preceding ownership, when the property is subject to co-

ownership and the co-owners want to end the co- have a two stage procedure which are the
ownership. following:
Q: What is the usual source or cause of co- 1 The first step would be the determination as
ownership? to whether the properties are proper for
A: It is usually based on properties inherited by the partition. This is because it could be that the
heirs. The children will become co-owners of the testator did not allow the partition or the co-
property left by their parents after their demise. owners agreed that within 10 years, hence,
partition is prohibited. The court has to
TAKE NOTE: Under Art. 494 of the Civil Code, the co-
determine whether such properties are
owners may agree not to partition a property within
proper for partition or it could also be that
10 years and it can be extended if they want.
one of the heirs forged a deed of sale that his
Likewise, a testator or donor may prohibit partition for
parents sold the property to him.
a period of 20 years. This usually happens when the
2 After determining that the properties are
property has sentimental value, the donor or testator
proper for partition, the next step is the
can write in his will that partition will not be done
determination on how to divide the
within the period of 20 years.
properties.
If the co-owners want to end the co-ownership,
Q: What if there are 10 siblings who will lived a 100 sq.
there are two ways of settling co-ownership. It could
m. property in a commercial area and one of the
be settled Extra-judicially. The co-owners may agree
heirs can buy the share of the other heirs?
to partition the properties and all they have to do is
A: It can be sold if it is impracticable to sell the
to execute a DEED OF EXTRAJUDICIAL PARTITION. It is
property, it shall be sold to a third party and the
less costly and convenient. This is will happen if all
proceeds will be divided among them.
parties will agree as to the division of the property. If
the parties cannot agree, the co-owners will file a Section 2. Order for partition and partition by
case of Judicial Partition in court. agreement thereunder. — If after the trial the court
finds that the plaintiff has the right thereto, it shall
Q: How is Judicial Partition done?
order the partition of the real estate among all the
A: Section 1. Complaint in action for partition of real
parties in interest. Thereupon the parties may, if they
estate. — A person having the right to compel the
are able to agree, make the partition among
partition of real estate may do so as provided in this
themselves by proper instruments of conveyance,
Rule, setting forth in his complaint the nature and
and the court shall confirm the partition so agreed
extent of his title and an adequate description of the
upon by all the parties, and such partition, together
real estate of which partition is demanded and
with the order of the court confirming the same, shall
joining as defendants all other persons interested in
be recorded in the registry of deeds of the place in
the property
which the property is situated.
In a partition case, all the heirs are considered as This is also one instance wherein multiple appeals are
INDISPENSABLE PARTIES. If there are those who will not allowed.
join, they must be included as defendants. Section 3. Commissioners to make partition when
Q: Suppose if one of the heir was not included? Is a parties fail to agree. – If the parties are unable to
non-joinder of an indispensable party a ground for agree upon the partition, the court shall appoint not
the dismissal of the complaint? more than three (3) competent and disinterested
A: It is not a ground. If there is a need to implead an persons as commissioners to make the partition,
indispensable party or a necessary party, one of a commanding them to set off to the plaintiff and to
parties may file a motion in court or the court itself each party in interest such part and proportion of the
may order the plaintiff to implead such party. property as the court shall direct.
Section 4. Oath and duties of commissioners. –
After the complaint is filed, the defendant is required Before making such partition, the commissioners shall
to file an answer. There shall also be a hearing. take and subscribe an oath that they will faithfully
Partition is likely the same with Expropriation. They perform their duties as commissioners, which oath
shall be filed in court with the other proceedings in
the case. In making the partition, the commissioners Section 7. Action of the court upon commissioners’
shall view and examine the real estate, after due report. – Upon the expiration of the period of ten (10)
notice to the parties to attend at such view and days referred to in the preceding section, or even
examination, and shall hear the parties as to their before the expiration of such period but after the
preference in the portion of the property to be set interested parties have filed their objections to the
apart to them and the comparative value thereof, report or their statement of agreement therewith,
and shall set apart the same to the parties in lots or the court may, upon hearing, accept the report and
parcels as will be most advantageous and render judgment in accordance therewith; or, for
equitable, having due regard to the improvements, cause shown, recommit the same to the
situation and quality of the different parts thereof. commissioners for further report of facts; or set aside
The appointment of commissioners under Sec. 3 is the report and appoint new commissioners; or
mandatory but their report is merely accept the report in part and reject it in part; and
recommendatory. The court may accept the report may make such order and render such judgment as
of the commissioners or may reject the report of the shall effectuate a fair and just partition of the real
commissioners. estate, or of its value, if assigned or sold as above
provided, between the several owners thereof.
Section 5. Assignment or sale of real estate by
The commissioners usually appointed are usually
commissioners. – When it is made to appear to the
Geodetic Engineers.
commissioners that the real estate, or a portion
thereof, cannot be divided without prejudice to the Section 8. Accounting for rent and profits in action for
interests of the parties, the court may order it partition. – In an action for partition in accordance
assigned to one of the parties willing to take the with this Rule, a party shall recover from another his
same, provided he pays to the other parties such just share of rents and profits received by such other
amounts as the commissioners deem equitable, party from the real estate in question, and the
unless one of the interested parties asks that the judgment shall include an allowance for such rents
property be sold instead of being so assigned, in and profits.
which case the court shall order the commissioners
to sell the real estate at public sale under such Section 9. Power of guardian in such proceedings. –
conditions and within such time as the court may The guardian or guardian ad litem of a minor or
determine. person judicially declared to be incompetent may,
with the approval of the court first had, do and
Under this section, if the property cannot be divided
perform on behalf of his ward any act, matter, or
without prejudice to the interest of the parties. The
thing respecting the partition of real estate, which
court may order that it be assigned to one of the
the minor or person judicially declared to be
parties. If one of them would object, then the
incompetent could do in partition proceedings if he
properties shall be subject to an auction sale.
were of age or competent.
Section 6. Report of commissioners; proceedings not
binding until confirmed. – The commissioners shall Section 10. Costs and expenses to be taxed and
make a full and accurate report to the court of all
collected. – The court shall equitably tax and
their proceedings as to the partition, or the
apportion between or among the parties the costs
assignment of real estate to one of the parties, or the and expenses which accrue in the action, including
sale of the same. Upon the filing of such report, the the compensation of the commissioners, having
clerk of court shall serve copies thereof on all the regard to the interests of the parties, and execution
interested parties with notice that they are allowed may issue therefor as in other cases.
ten (10) days within which to file objections to the
findings of the report, if they so desire. No After the court has determined that the property has
proceeding had before or conducted by the to be partitioned. The next step now is on how to
commissioners shall pass the title to the property or partition the property. The court has to appoint
bind the parties until the court shall have accepted commissioners and the expenses shall be shared by
the report of the commissioners and rendered the co-owners including the taxes. After the court
judgment thereon has determined that the properties are to be
partitioned. The court would ask suggestions among
the parties on how to partition the property. This is real and personal property, insofar as the same may
called PROJECT PARTITION. be applicable.
Section 11. The judgment and its effect; copy to be

recorded in registry of deeds. – If actual partition of
RULE 70: FORCIBLE ENTRY & UNLAWFUL DETAINER
property is made, the judgment shall state definitely,
(EJECTMENT CASES)
by metes and bounds and adequate description,
the particular portion of the real estate assigned to There are three kinds for the recovery of possession
each party, and the effect of the judgment shall be of real property, which are the following:
to vest in each party to the action in severalty the
1 EJECTMENT – which is otherwise known as
portion of the real estate assigned to him. If the
ACCION INTERDICTAL which is either forcible
whole property is assigned to one of the parties upon
entry or unlawful detainer. This can be filed if
his paying to the others the sum or sums ordered by
the disposition has not lasted for more than
the court, the judgment shall state the fact of such
one year. All ejectment cases shall be filed in
payment and of the assignment of the real estate to
the MTC regardless of the amount of
the party making the payment, and the effect of the
damages prayed for by the plaintiff or the
judgment shall be to vest in the party making the
assessed value of the property. Another word
payment the whole of the real estate free from any
for ejectment is “recovery of possession of
interest on the part of the other parties to the action.
real property”.
If the property is sold and the sale confirmed by the
2 ACCION PUBLICIANA – considering that
court, the judgment shall state the name of the
ejectment has a prescriptive period of one
purchaser or purchasers and a definite description of
year. After the lapse of one year form
the parcels of real estate sold to each purchaser,
dispossession, ejectment could no longer be
and the effect of the judgment shall be to vest the
filed. The remedy for those who did not file si
real estate in the purchaser or purchasers making
Accion Publiciana. (Accion Publiciana –
the payment or payments, free from the claims of
“bahaw nga ejectment”) The rules in this
any of the parties to the action. A certified copy of
action is different from ejectment because in
the judgment shall in either case be recorded in the
ejectment, all cases shall be filed in the MTC
registry of deeds of the place in which the real estate
regardless of assessed value and damages
is situated, and the expenses of such recording shall
prayed for, but in Accion Publiciana, the
be taxed as part of the costs of the action.
jurisdiction is either with the MTC or RTC
Section 12. Neither paramount rights nor amicable
depending upon the assessed value. The
partition affected by this Rule. – Nothing in this Rule
same with accion reinvidicatoria
contained shall be construed so as to prejudice,
3 ACCION REINVINDICATORIA – the jurisdiction
defeat, or destroy the right or title of any person
could be with MTC or RTC depending on the
claiming the real estate involved by title under any
assessed value. Since there is recovery of
other person, or by title paramount to the title of the
possession, this is a real action.
parties among whom the partition may have been
made; nor so as to restrict or prevent persons holding In Ejectment and Accion Publiciana, the issue in this
real estate jointly or in common from making an case is physical possession as to which of the parties
amicable partition thereof by agreement and has a better right to possess the property. The
suitable instruments of conveyance without recourse possession that is the issue is physical or material
to an action. possession.
If the parties cannot agree as to the division of the Q: What is physical or material possession?
properties, then it can be by raffle. If still it is not A: This is the kind of possession that is not based on
capable of division or the parties still will not agree, the claim of ownership.
then the property will be sold and the proceeds be EXAMPLE: There is a rental on your property. A lessee
divided among them. is ordered to vacate because he did not pay the
rentals, the issue is not ownership but possession.
Section 13. Partition of personal property. – The
Material or Physical possession is also called as
provisions of this Rule shall apply to partitions of
POSSESSION DE FACTO which is the issue as to which
estates composed of personal property, or of both
of the parties has a better right to possess the the receipt of the demand letter. In case of a series
premises or the property. of demand letters, the date of the last demand.
Section 1. Who may institute proceedings, and when. Q: You have a relative in the province who stayed in
— Subject to the provisions of the next succeeding your house in the city, he requested that he can
section, a person deprived of the possession of any build a house in your lot. You consented to such
land or building by force, intimidation, threat, request. It came to a point that you requested your
strategy, or stealth, or a lessor, vendor, vendee, or relative to vacate but he refused. What is the case
other person against whom the possession of any to be filed? Is it Forcible Entry or Unlawful Detainer?
land or building is unlawfully withheld after the A: The entry from the start was lawful which is by
expiration or termination of the right to hold tolerance by the owner. Tolerance means
possession, by virtue of any contract, express or permission. In order for the action to be considered
implied, or the legal representatives or assigns of any as Unlawful Detainer, the tolerance must be present
such lessor, vendor, vendee, or other person, may, at from the very start.
any time within one (1) year after such unlawful
EXAMPLE: You have a land and when you visited
deprivation or withholding of possession, bring an
your property after some time, Mr. A constructed a
action in the proper Municipal Trial Court against the
house in your land without your consent. What is the
person or persons unlawfully withholding or depriving
cause of Action? It is Forcible Entry.
of possession, or any person or persons claiming
under them, for the restitution of such possession, Q: You tolerate Mr. A out of generosity and told him
together with damages and costs to make sure that there are no other person who will
construct in the said lot. After 3 years, you want to
Q: How will you determine if the case to be filed is use the property and ordered Mr. A to vacate but
Forcible Entry or Unlawful Detainer?
Mr. A refused. What is case are you going to file?
A: By the manner of entry or how the defendant did Unlawful Detainer or Forcible Entry?
entered the property. If the manner of entry by the
A: None of the above, the case to be filed is ACCION
defendant was unlawful because it is by force,
PUBLICIANA. The case for forcible entry has already
threat, intimidation, strategy or stealth, then the
prescribed. The prescriptive period for forcible entry
cause of action is forcible entry. The same has to be
started when you discovered that the defendant
filed one year after dispossession. With regards to
occupied the property without your consent through
stealth or strategy, the counting shall not be from the
stealth and strategy but you did not file an action
date of dispossession but from the date of discovery.
within one year from discovery so the action has
EXAMPLE: If you have a house being leased, the prescribed. The proper action now is Accion
lessee was unable to pay and you served a demand Publiciana.
letter but unfortunately he did not pay, the lessee still
Q: You might ask that there was tolerance when you
did not vacate the premises. The case to be filed is
saw him and you granted him permission to
Unlawful Detainer.
continue. Would it not transform the action form
In Forcible Entry, the entry was unlawful or illegal from Forcible Entry to Unlawful Detainer because of
the start. In Unlawful Detainer, the entry was legal tolerance?
from the start but later on the possession becomes A: No, tolerance must be present from the very start
illegal because he was not able to pay the rentals or of occupation. If there is no tolerance form the start,
he paid the rentals but he fails to comply with the there is no unlawful detainer. The tolerance or
conditions. permission given later on by the owner as well as the
demand letter, the demand to vacate, according
EXAMPLE: There is a condition in the contract of lease
to the Supreme Court, it would not transform the
that pets are not allowed but he violated the
cause of action from Forcible Entry to Unlawful
condition. The lessor can serve a demand letter to
Detainer. The proper action would be Accion
vacate. If the lessee did not pay, he can serve a
Publiciana because the action for forcible entry has
demand letter to pay and vacate. It is the demand
already prescribed.
letter that would make the stay of the lessee illegal.
The counting of the one year period would start from Quintos vs Nicolas, G.R. No. 210252, June 25, 2014

The right to act for partition is imprescriptible. The proper action is accion publiciana. All
Supreme Court ruled that between dismissal with ejectment cases are cognizable in first level
prejudice under Rule 17 Sec. 3 and the right granted courts but when it would be accion
to co-owners under Art. 494 of the Civil Code, the publciiana, if what is filed is accion
latter law shall prevail. publciciana, it is cognizable either by MTC or
RC depending upon the assessed value.
In this case, the parties here are siblings. There were
3. Accion Reividicatoria or Recovery of
6 siblings. The first 3 siblings filed an action of partition
Ownership – which is ana citon of recovery of
involving a parcel of land inherited by them from
ownership including possession of real
their parents. During pre-trial, the plaintiffs did not
property. Just like accion publciiana, this
appear. The case was dismissed with prejudice.
action could be filed either in the RTC or MTC
Some years later, the other siblings who were
depending on the assessed value.
defendants in the partition case filed another case
(Remember that if the jurisdiction of the court
for recovery of ownership and possession against the
depends on the assessed value, the amount
siblings who were parties in the partition case which
of the assessed value should be stated in the
was earlier dismissed. The defendants in the second
complaint because if it is not mentioned as
case raised the counterclaim of partition. In their
to the amount, the court could not acquire
answer for counterclaim, they prayed to the court
jurisdiction.)
that the properties should be partitioned among
themselves. The plaintiff in the case argued that the There are two kinds of ejectment. These two kinds of
issue can no longer be raised on the ground of res ejectment are entirely different from each other. In
judicata because the previous partition case was order to determine whether the proper case to be
already dismissed with prejudice. The issue reached filed is Forcible Entry or Unlawful Detainer, the
the Supreme Court with the issue of whether or not manner of entry of the defendant must be looked. If
the plaintiffs in the first case could still raise the issue the entry was effected through unlawful means, it
of partition in the second case. would be forcible entry such as by force intimidation,
threat, strategy or stealth. On the other hand, if the
According to the Supreme Court, the answer is yes
entry was initially legal because there was a
because partition is imprescriptible and failure to
contract of lease between the parties or the stay
prosecute under Rule 17 Sec. 3 is considered
was with permission or tolerance of the plaintiff. Later
dismissal without prejudice.
on, the possession of the defendant became illegal
TAKE NOTE: We have learned that the dismissal in because for example, by virtue of a contract of
Sec. 3 Rule 17 is considered dismissal with prejudice lease, he was not able to pay the rentals or he failed
unless the court would declare otherwise in its order. to comply with the conditions imposed with the
But in a partition case, if ever the case would be contact of lease or if it as by tolerance, the
dismissed for failure to prosecute, the dismissal is permission was withdrawn by virtue of a demand to
understood to be without prejudice. According to vacate. The cause of action here is Unlawful
the Supreme Court, Art. 494 is an exception to Rule Detainer.
17 Sec. 3 to the effect that even if the order of
TAKE NOTE: If the cause of action is either Unlawful
dismissal for failure to prosecute is silent as to whether
Detainer or Forcible Entry, the manner of entry must
or not it is with prejudice, it shall be understood to be
be alleged in the complaint. If the manner of entry is
without prejudice. According to the SC, there is no
not stated as to whether such entry is legal or illegal,
res judicata.
it is a fatal defect because the action is neither
Again, the three kinds of action for the recovery of Unlawful Detainer or Forcible Entry. The case would
possession of real property: be dismissed.
1. Accion Interdictal – which should be filed Section 1. Who may institute proceedings, and when.
within one year form dispossession — Subject to the provisions of the next succeeding
2. Accion Publiciana – if an ejectment case section, a person deprived of the possession of any
could not be filed within the prescriptive land or building by force, intimidation, threat,
period, it would be dismissed because the strategy, or stealth, or a lessor, vendor, vendee, or
other person against whom the possession of any
land or building is unlawfully withheld after the Regalado vs Dela Pena, G.R. No. 202448, Dec. 13,
expiration or termination of the right to hold 2017
possession, by virtue of any contract, express or
Elements of forcible entry:
implied, or the legal representatives or assigns of any
such lessor, vendor, vendee, or other person, may, at 1. The plaintiff was in prior possession of the
any time within one (1) year after such unlawful disputed property
deprivation or withholding of possession, bring an 2. The defendant deprived the plaintiff of
action in the proper Municipal Trial Court against the possession by either force, threat,
person or persons unlawfully withholding or depriving intimidation, strategy, stealth (FIST).
of possession, or any person or persons claiming 3. The action must be filed within one year after
under them, for the restitution of such possession, the dispossession or in case of stealth or
together with damages and costs strategy, within one year from learning of the
dispossession.
TAKE NOTE: The acronym FIST which stands for Force,
Intimidation, Strategy, Stealth or Threat. Any of these Republic vs Sandbar Realty Dev Corp., G.R. No.
is a ground. 194880, June 20, 2012
Q: What are the requisites in a case of Unlawful
As regards unlawful detainer, there must be a
Detainer?
demand to pay and vacate. The demand letter
A: The requisites of Unlawful Detainer are the
must contain the word “and” and not “or”.
following:
Otherwise, it is defective because you are giving an
option to the lessee to either vacate or pay the rent. 1. Initially the possession of the property by the
The demand to vacate in unlawful detainer cases is defendant was by contract or by tolerance
jurisdictional. If there is no demand to vacate, the by the plaintiff which is present from the very
case will be dismissed. start. Meaning at the start, the possession was
lawful and if it was done by tolerance, it must
Q: How is demand to vacate be made? be present from the very start.
A: Section 2. Lessor to proceed against lessee only 2. Eventually the possession became illegal
after demand. — Unless otherwise stipulated, such upon the plaintiff’s notice or demand to the
action by the lesser shall be commenced only after defendant of the termination of the latter’s
demand to pay or comply with the conditions of the right to possession.
lease and to vacate is made upon the lessee, or by 3. Thereafter, the defendant remained in
serving written notice of such demand upon the possession of the property and deprived the
person found on the premises if no person be found plaintiff of his enjoyment.
thereon, and the lessee fails to comply therewith 4. Within one year from the making of the last
after fifteen (15) days in the case of land or five (5) demand upon the defendant to vacate the
days in the case of buildings property, the plaintiff filed the complaint of
unlawful detainer.
Demand to vacate is a requirement for unlawful
detainer because mere failure to pay rental would Canaynay vs Sarmiento 79 Phil 36 (1947)
not make the stay or possession of the defendant
Mere failure to pay rent does no ipso facto make
unlawful. It is the making of the demand to pay the
unlawful the possession of the tenant of the premises.
rent and vacate.
It is the owner’s demand for the tenant to vacate the
Fernandez vs Amagna 601 SCRA 330 premises when the tenant has failed to pay the rent
on time and the tenant’s refusal or failure to vacate
The defendant would pay the rent. Can he still be
that makes it an unlawful withholding of possession.
required to vacate? Yes, because even if he already
paid the rentals he can still avail the ejectment case Q: What are the distinctions between Forcible Entry
because of the word “and”. In the case mentioned and Unlawful Detainer?
even if the tenant pays the rentals in arrears, he can A: In Forcible Entry, the possession of land by the
still be ejected because the demand is not merely of defendant is unlawful from the very start as he
the payment of the rentals but also to vacate. acquires possession by force intimidation, threat,

strategy and stealth. While in Unlawful Detainer, the depend on the allegations of the answer, not even
possession of the defendant is initially lawful but it on the evidence presented during trial, or not even
becomes illegal by reason of the termination of his based on the stipulations of the parties. However,
right to the possession of the property with his there are exceptions to this rule.
contract with the plaintiff or due to the withdrawal or
One of the exceptions is when the defense of the
tolerance by the plaintiff.
defendant particularly in ejectment case is based on
In Forcible Entry, demand to vacate is not required. agricultural tenancy. If the defendant in an
While in Unlawful Detainer, the plaintiff is required to ejectment case, raises the affirmative defense that
make demand to vacate and to pay the rentals he is a tenant of the plaintiff. If the court finds a
before filing the case in court. sufficient basis on the allegations of the defendant
that he is indeed an agricultural tenant, the court
In Forcible Entry, the plaintiff must prove that he was cannot acquire jurisdiction over the case because
in prior physical possession of the property before he the proper agency that has jurisdiction is DARAB.
was dispossessed by the defendant. While in
Unlawful Detainer, the plaintiff need not be in prior Ofilada vs Andal, G.R. No. 192270, Jan. 26, 2015
physical possession of the property. If the answer of the defendant would raise
agricultural tenancy, the court will not automatically
In forcible entry, the counting of the one year
dismiss the case for lack of jurisdiction. The court has
prescriptive period would usually start from the date
to conduct a hearing and evaluate or determine
of actual entry, whereas in lawful detainer, the
whether there is truth of the allegation of agricultural
counting shall start from the date of last demand
tenancy. A court does not lose jurisdiction over an
except for stealth or strategy because the counting
ejectment suit by the simple expendient of a party
would be from the date of discovery.
raising as a defense therein the alleged existence of
Munoz vs CA 214 SCRA 216 tenancy relation between the parties. The court
If the cause of action of the plaintiff is forcible entry continues to have authority to hear and evaluate
because the entry of the defendant was illegal for the evidence precisely to determine whether or not
the start, the demand to vacate made by the it has jurisdiction and if after hearing, tenancy is
plaintiff cannot change his cause of action from shown to exist, it shall dismiss the case for lack of
forcible entry to unlawful detainer. jurisdiction.
Go vs CA 362 SCRA 755 Section 4. Pleadings allowed. — The only pleadings

Tolerance must be present from the start of allowed to be filed are the complaint, compulsory
possession which is sought to be covered in order for counterclaim and cross-claim pleaded in the
the case to be considered as unlawful detainer. answer, and the answers thereto. All pleadings shall
be verified.
Jose vs Alfuerto, G.R. No. 169380, Nov. 26, 2012
A reply and a rejoinder is not allowed. Upon the filing
The manner of entry of the defendant must be
of the complaint, the court can motu proprio dismiss
alleged in the complaint, otherwise the case will be
the case on any grounds. In Ordinary Procedure, the
dismissed.
court cannot motu proprio dismiss the case on the
Section 3. Summary procedure. — Except in cases ground of improper venue such as failure to state the
covered by the agricultural tenancy laws or when cause of action. There are only 4 grounds where the
the law otherwise expressly provides, all actions for court can motu proprio dismiss the case under Rule
forcible entry and unlawful detainer, irrespective of 9 Sec. 1 such as Res Judicata, Lack of Jurisdiction
the amount of damages or unpaid rentals sought to over the subject matter, Litis Pendentia and
be recovered, shall be governed by the summary Prescription. But here in Ejectment cases, the court
procedure hereunder provided. can dismiss on any ground.
This is based in Revised Rules on Summary Procedure. Section 5. Action on complaint. — The court may,
The jurisdiction of the court is conferred by law and from an examination of the allegations in the
the same is to be determined from the allegations by complaint and such evidence as may be attached
the complaint. The jurisdiction by the court does not thereto, dismiss the case outright on any of the

grounds for the dismissal of a civil action which are motion to declare the defendant is a prohibited
apparent therein. If no ground for dismissal is found, motion.
it shall forthwith issue summons.
In ordinary civil actions, if the defendant fails to file
If the court finds no ground to dismiss the case, it will his answer, the plaintiff has to file a motion to declare
issue summons the defendant in default. Once he is declared in
default, the court has two options which is to render
Section 6. Answer. – Within ten (10) days from service judgment based on the complaint or to require the
of summons, the defendant shall file his answer to the plaintiff to present evidence ex parte. However, in
complaint and serve a copy thereof on the plaintiff. ejectment cases, there is no motion to declare in
Affirmative and negative defenses not pleaded default, the court has the only option to render
therein shall be deemed waived, except lack of judgment based on the allegations in the complaint.
jurisdiction over the subject matter. Cross-claims and If the defendant has file an answer, the step is
compulsory counterclaims not asserted in the Preliminary Conference.
answer shall be considered barred. The answer to
Section 8. Preliminary conference; appearance of
counterclaims or cross-claims shall be served and
parties. — Not later than thirty (30) days after the last
filed within ten (10) days from service of the answer
answer is filed, a preliminary conference shall be
in which they are pleaded.
held. The provisions of Rule 18 on pre-trial shall be
Q: How many days is given to the defendant to file applicable to the preliminary conference unless
answer? inconsistent with the provisions of this Rule.
A: 10 days only. In ordinary civil actions a defendant Q: What is Preliminary Conference?
is given 30 days while in ejectment cases only 10 A: This is actually the same with Pre Trial Conference.
days. Use the word “Preliminary Conference” in Ejectment
This is mandatory and admission of late answer is not cases and not pre-trial. This is to distinguish ejectment
allowed. In ordinary civil action, the defendant may cases from ordinary civil actions.
file a motion for extension to file answer while in
Section 9. Record of preliminary conference. – Within
ejectment case, motion for extension to file answer is
five (5) days after the termination of the preliminary
a prohibited motion. A defendant is required to file
conference, the court shall issue an order stating the
answer. He is not allowed to file a motion to dismiss.
matters taken up therein, including but not limited to:
Aside from motion for extension to file answer, no
motion to dismiss is allowed except on two grounds 1. Whether the parties have arrived at an
which is lack of jurisdiction over the subject matter amicable settlement, and if so, the terms
and non-referral of the case to the barangay. thereof;
2. The stipulations or admissions entered into by
Section 7. Effect of failure to answer. – Should the the parties;
defendant fail to answer the complaint within the 3. Whether, on the basis of the pleadings and
period above provided, the court, motu proprio or the stipulations and admissions made by the
on motion of the plaintiff, shall render judgment as parties, judgment may be rendered without
may be warranted by the facts alleged in the the need of further proceedings, in which
complaint and limited to what is prayed for therein. event the judgment shall be rendered within
The court may in its discretion reduce the amount of thirty (30) days from issuance of the order;
damages and attorney’s fees claimed for being 4. A clear specification of material facts which
excessive or otherwise unconscionable, without remain controverted; and
prejudice to the applicability of section 3 (c), Rule 9 5. Such other matters intended to expedite the
if there are two or more defendants. disposition of the case.
Q: What is the effect if the defendant fails to file Q: During the preliminary conference, what is would
answer? be taken up?
A: If the defendant fails to file his answer within the A: Those matters taken up In pre-trial. Such as
period of 10 days. The court can render judgment compromise agreement, stipulation of facts, issue or
based on the allegations of the complaint. Filing of a issues to be resolved. The only issue to be resolved in
an ejectment case is who has a better right to

possess the premises. Ownership is not an issue in Within 30 days from the submission of the position
ejectment cases, it is only possession which is called papers, the court has to render a decision.
material or physical possession. It is sometimes called
POSSESSION DE FACTO. This is a possession which is Section 12. Referral for conciliation. — Cases
not based on the claim of ownership. requiring referral for conciliation, where there is no
showing of compliance with such requirement, shall
Section 10. Submission of affidavits and position be dismissed without prejudice, and may be revived
papers. — Within ten (10) days from receipt of the only after that requirement shall have been
order mentioned in the next preceding section, the complied with.
parties shall submit the affidavits of their witnesses
and other evidence on the factual issues defined in As a rule motion to dismiss is prohibited in ejectment
the order, together with their position papers setting cases, but there are two exceptions where it is
forth the law and the facts relied upon by them allowed which are the following:
 Lack of Jurisdiction over the subject matter
After the preliminary conference, the court now shall
 Non-referral of the case to the barangay
issue an order reciting what transpired during the
preliminary conference whether there was Section 13. Prohibited pleadings and motions. – The
compromise agreement, what are the issues, or who following petitions, motions, or pleadings shall not be
has a better right to possess. The order of the court allowed:
reciting what transpired during the preliminary
conference shall be reduced into writing and the 1. Motion to dismiss the complaint except on
copies of the preliminary conference orders shall be the ground of lack of jurisdiction over the
sent to the parties. Within 10 days form the receipt of subject matter, or failure to comply with
the copy of the order, the parties are required to section 12;
submit position papers. In ejectment cases, there is 2. Motion for a bill of particulars;
no presentation of evidence. The parties are only 3. Motion for new trial, or for reconsideration of
required to submit position papers. In ejectment a judgment, or for reopening of trial;
cases, there is no presentation of evidences and only 4. Petition for relief from judgment;
position papers are needed (POSITION PAPER is the 5. Motion for extension of time to file pleadings,
summary of the arguments of the parties). If there is affidavits or any other paper;
no receipt, you can attach affidavits. If you are the 6. Memoranda;
plaintiff, you can attach the affidavit, demand to 7. Petition for certiorari, mandamus, or
pay and vacate, basis of ownership such as title and prohibition against any interlocutory order
tax declaration. issued by the court;
8. Motion to declare the defendant in default;
Q: When is the Position Paper submitted?
9. Dilatory motions for postponement;
A: Under Sec. 10 within 10 days from the receipt of 10. Reply;
the preliminary conference order. 11. Third-party complaints;
Section 11. Period for rendition of judgment. – Within 12. Interventions.
thirty (30) days after receipt of the affidavits and THROWBACK: In Rule 15, there are three kinds of
position papers, or the expiration of the period for motions, which are: litigious, non-litigious, and
filing the same, the court shall render judgment. prohibited motions.
However, should the court find it necessary to clarify
certain material facts, it may, during the said period, In ejectment cases, there are also also prohibited
issue an order specifying the matters to be clarified, pleadings which are mentioned above.
and require the parties to submit affidavits or other
TAKE NOTE: If the non-referral of the case to the
evidence on the said matters within ten (10) days
barangay was not raised in a motion to dismiss or
from receipt of said order. Judgment shall be
answer, the same is deemed waived.
rendered within fifteen (15) days after the receipt of
the last affidavit or the expiration of the period for Q: Motion for Reconsideration of a judgment is a
filing the same. prohibited motion. Suppose you receive an adverse

decision? What is the remedy since motion for new provisions of Rule 58 hereof, to prevent the
trial and Motion for Reconsideration is not a remedy? defendant from committing further acts of
A: You file an appeal. Filing of the Motion for dispossession against the plaintiff.
Reconsideration in ejectment cases would not stop A possessor deprived of his possession through
the running of the reglementary period to file appeal forcible from the filing of the complaint, present a
o the decision would become final and executory motion in the action for forcible entry or unlawful
but you can file a Motion for Reconsideration is detainer for the issuance of a writ of preliminary
allowed for interlocutory orders but not for judgment mandatory injunction to restore him in his possession.
only. The court shall decide the motion within thirty (30)
days from the filing thereof. (3a)
Motion for extension of time is a prohibited motion.
Section 16. Resolving defense of ownership. — When
Motion for extension can be filed for an interlocutory
the defendant raises the defense of ownership in his
order but it is not allowed for certiorari, prohibition,
pleadings and the question of possession cannot be
mandamus.
resolved without deciding the issue of ownership, the
Jacehaca vs Aquino, G.R. No. 83983, Jan 12. 1990 issue of ownership shall be resolved only to
determine the issue of possession.
The rule on summary procedure is applicable only to
the MTC or first level courts, once the case is TAKE NOTE: In an ejectment case, the only issue to
appealed to the RTC, this rule will not apply. So, if the be resolved is possession. However, if the defendant
case is appealed in RTC, a motion for would raise ownership, the court may temporarily
reconsideration may be applied of a judgment in resolve the issue on ownership just for the purpose of
the RTC. The rule on summary procedure does not determining as to who has a better right to possess
apply in the RTC. the property.
EXAMPLE: Mr. P is actually occupying a property.
Hilario vs CA, G.R. No. 121865, Aug. 7, 1996
Here comes, Mr. D who claims that such lot is
Q: In ejectment case, the issue involved is possession. inherited and he is claiming ownership over the
Suppose the defendant claims that he is the owner property. The basis of Mr. P is that he bought said
and files recovery of ownership but there is already property from the father of Mr. D. Mr. D claims that
a case of forcible entry filed against him. Would the he is the owner since he inherited it form his father. In
filing of a case of recovery of ownership be barred order to determine between the parties who has a
by litis pendentia because an ejectment case has better right to possess, the court may provisionally
been filed involving the same property and parties? rule on the issue of ownership in order to determine
A: No, an ejectment case would not create a res who has a better right to possess. The ruling of the
judicata or litis penedentia if there is a separate case court is not final but merely temporary. So, the
filed involving recovery of ownership, accion parties, one of them has to file a case for quieting of
publiciana, quieting of title, involving specific title, recovery of ownership in order to resolve with
performance involving the same property. The issue finality the issue on ownership.
involved in ejectment case is possession and not
Section 17. Judgment. — If after trial court finds that
ownership. DE FACTO POSSESSION
the allegations of the complaint are true, it shall
Section 14. Affidavits. – The affidavits required to be render judgment in favor of the plaintiff for the
submitted under this Rule shall state only facts of restitution of the premises, the sum justly due as
direct personal knowledge of the affiants which are arrears of rent or as reasonable compensation for
admissible in evidence, and shall show their the use and occupation of the premises, attorney's
competence to testify to the matters stated fees and costs. If a counterclaim is established, the
therein.A violation of this requirement may subject court shall render judgment for the sum found in
the party or the counsel who submits the same to arrears from either party and award costs as justice
disciplinary action, and shall be cause to expunge requires
the inadmissible affidavit or portion thereof from the In an ejectment case, there are two kinds of
record. damages awarded by the court (if the plaintiff wins
Section 15. Preliminary injunction. — The court may the case):
grant preliminary injunction, in accordance with the
1. Actual damages in the form of unpaid rentals All amounts so paid to the appellate court shall be
in arrears deposited with said court or authorized government
2. Attorney’s Fees depositary bank, and shall be held there until the
final disposition of the appeal, unless the court, by
The court cannot award moral damages and
agreement of the interested parties, or in the
exemplary damages.
absence of reasonable grounds of opposition to a
Agustin vs Bacalan, G.R. No. L-46000, March 18, 1985 motion to withdraw, or for justifiable reasons, shall
decree otherwise. Should the defendant fail to make
Q: What if the plaintiff will lose the ejectment case,
the payments above prescribed from time to time
what will be awarded to the defendant?
during the pendency of the appeal, the appellate
A: Moral damages may be awarded as
court, upon motion of the plaintiff, and upon proof
counterclaim and not as damages for unlawful
of such failure, shall order the execution of the
occupation of the property.
judgment appealed from with respect to the
Section 18. Judgment conclusive only on possession; restoration of possession, but such execution shall not
not conclusive in actions involving title or ownership. be a bar to the appeal taking its course until the final
— The judgment rendered in an action for forcible disposition thereof on the merits.
entry or detainer shall be conclusive with respect to In Summary Procedure, the decision of the court is
the possession only and shall in no wise bind the title immediately executory including ejectment cases.
or affect the ownership of the land or building. Such However,
judgment shall not bar an action between the same
 if the defendant would file an appeal (within
parties respecting title to the land or building.
15 days)
The judgment or final order shall be appealable to
 within the same period to file appeal, he
the appropriate Regional Trial Court which shall
would deposit supersedeas bond equal to
decide the same on the basis of the entire record of
the amount of unpaid rentals awarded by
the proceedings had in the court of origin and such
the court
memoranda and/or briefs as may be submitted by
 while the case is pending appeal in the RTC,
the parties or required by the Regional Trial Court.
the defendant would make periodic deposit
Section 19. Immediate execution of judgment; how
of the rentals
to stay same. – If judgment is rendered against the
defendant, execution shall issue immediately upon THE DECISION OF THE MTC SHALL BE STAYED. In order
motion, unless an appeal has been perfected and to stay the execution the three requirements must be
the defendant to stay execution files a sufficient done by the defendant as mentioned above.
supersedeas bond, approved by the Municipal Trial
Q: What if the court did not award unpaid rentals
Court and executed in favor of the plaintiff to pay
because the possession of the defendant is by mere
the rents, damages, and costs accruing down to the
tolerance? Is there a need for the defendant to post
time of the judgment appealed from, and unless,
supersedeas bond?
during the pendency of the appeal, he deposits with
A: No, there is no need. The supersedeas bond is only
the appellate court the amount of rent due from
required if the court awarded unpaid rentals.
time to time under the contract, if any, as
determined by the judgment of the Municipal Trial Q: What will happen if the defendant will not deposit
Court. In the absence of a contract, he shall deposit periodic rentals?
with the Regional Trial Court the reasonable value of A: The court will issue a writ of execution pending
the use and occupation of the premises for the appeal.
preceding month or period at the rate determined
by the judgment of the lower court on or before the After the case is decided by the Regional Trial Court,
tenth day of each succeeding month or period. The any money paid to the court by the defendant for
supersedeas bond shall be transmitted by the purposes of the stay of execution shall be disposed
Municipal Trial Court, with the other papers, to the of in accordance with the provisions of the judgment
clerk of the Regional Trial Court to which the action of the Regional Trial Court. In any case wherein it
is appealed. appears that the defendant has been deprived of
the lawful possession of land or building pending the

appeal by virtue of the execution of the judgment of Contempt, it could also be Criminal Contempt or
the Municipal Trial Court, damages for such Civil Contempt.
deprivation of possession and restoration of
Q: What is a criminal contempt?
possession and restoration of possession may be
A: The purpose of which is to vindicate public
allowed the defendant in the judgment of the
authority. While it is a civil contempt if the purpose is
Regional Trial Court disposing of the appeal. to protect the civil rights and remedies of the
Under this paragraph, after the RTC will affirm the litigants.
decision of the MTC, the decision of the RTC is DIRECT CONTEMPT
immediately executory. It cannot be stopped by
supersedeas bond anymore. (!!!) Section 1. Direct contempt punished summarily. — A
person guilty of misbehavior in the presence of or so
Section 20. Preliminary mandatory injunction in case near a court as to obstruct or interrupt the
of appeal. – Upon motion of the plaintiff, within ten proceedings before the same, including disrespect
(10) days from the perfection of the appeal to the toward the court, offensive personalities toward
Regional Trial Court, the latter may issue a writ of others, or refusal to be sworn or to answer as a
preliminary mandatory injunction to restore the witness, or to subscribe an affidavit or deposition
plaintiff in possession if the court is satisfied that the when lawfully required to do so, may be summarily
defendant’s appeal is frivolous or dilatory, or that the adjudged in contempt by such court and punished
appeal of the plaintiff is prima facie meritorious. by a fine not exceeding two thousand pesos or
Section 21. Immediate execution on appeal to Court imprisonment not exceeding ten (10) days, or both,
of Appeals or Supreme Court. — The judgment of the if it be a Regional Trial Court or a court of equivalent
Regional Trial Court against the defendant shall be or higher rank, or by a fine not exceeding two
immediately executory, without prejudice to a hundred pesos or imprisonment not exceeding one
further appeal that may be taken therefrom (1) day, or both, if it be a lower court.
Q: What is the remedy of the defendant if he has EXAMPLE: In a hearing, you challenged the opposing
received an adverse decision in the RTC? counsel in a fistfight in the presence of the judge.
A: He can file a Petition for Review in the CA. In the That is contumacious. Much more if it is the judge
meantime, he has to vacate the premises because that you challenged in a fistfight.
the decision of the RTC is immediately executory TAKE NOTE: There is no hearing because the person
without prejudice to further appeal. guilty is summarily adjudged.
Q: Then what is the remedy of the defendant to stop Siy vs NLRC, G.R. No. 1158971, Aug. 25, 2005
the execution?
A: In the Petition for Review, the defendant has to Q: What do you mean by CONTEMPT OF COURT?
include in his Petition the prayer for issuance of A: Contempt of Court is disobedience to the court
Temporary Restraining Order and Preliminary by acting in opposition to its authority, justice, and
Injunction. If the CA would issue TRO and Writ of dignity.
Preliminary Injunction, then the decision of the RTC EXAMPLE: In Certification against Forum Shopping, if
will be stayed. Otherwise, the decision would be the forum shopping is willful and deliberate, the
executed without prejudice to further appeal. same would constitute direct contempt, that is
City of Naga vs Asuncion, 557 SCRA 528 (2008) under Rule 7 Sec. 5. There could also be direct
contempt through the use of intemperate words or
The decision of the RTC would be immediately discourteous language.
executory but not final if the defendant will file
EXAMPLE: It would also be considered Direct
appeal in the higher courts.
Contempt if it is stated in the motion. You are very
much discontented of the decision of the court and
upon filing in the Motion for Reconsideration, you
RULE 71: CONTEMPT alleged that the judge was bribed and was
dishonest. Aside from the fact, it would constitute
Contempt can be classified into Direct Contempt or
direct contempt. If a motion or pleading which
Indirect Contempt. Another way of classifying
contains discourteous or contumacious words, and why he should not be cited for contempt for
filed in the same court would constitute Direct delaying the proceedings. That is one way of
Contempt. If it is filed in another court, that would initiating an indirect contempt.
constitute Indirect Contempt. 2. By filing a Petition for Indirect Contempt – the
aggrieved party may file the Petition for
Q: What is the remedy?
Indirect Contempt.
A: Section 2. Remedy therefrom. — The person
EXAMPLE: The court has issued a TRO against the
adjudged in direct contempt by any court may not
appeal therefrom, but may avail himself of the defendant and the defendant disobeyed it. The
remedies of certiorari or prohibition. The execution of plaintiff filed a verified Petition for Indirect Contempt.
(TAKE NOTE: This is not a motion, but a separate
the judgment shall be suspended pending resolution
action or petition. The petition shall comply with all
of such petition, provided such person files a bond
the requirements of an initiatory pleading. This is a
fixed by the court which rendered the judgment and
separate independent action and must be verified.)
conditioned that he will abide by and perform the
judgment should the petition be decided against Considering that a petition for Indirect Contempt is
him. an offshoot from a main case, the branch where the
petition for contempt was filed may be consolidated
The remedy is Certiorari or Prohibition and the person with the court handling the main case.
cited for Direct Contempt can post bond. If the
Q: What are the grounds for Indirect Contempt?
penalty is cited for imprisonment, the court has to fix
the bail bond just in case, the respondent would file A: Section 3. Indirect contempt to be punished after
petition for certiorari or prohibition. charge and hearing. — After a charge in writing has
been filed, and an opportunity given to the
Section 4. How proceedings commenced. — respondent to comment thereon within such period
Proceedings for indirect contempt may be initiated as may be fixed by the court and to be heard by
motu propio by the court against which the himself or counsel, a person guilty of any of the
contempt was committed by an order or any other following acts may be punished for indirect
formal charge requiring the respondent to show contempt;
cause why he should not be punished for contempt.
In all other cases, charges for indirect contempt shall If it is the court who cites a person for indirect
be commenced by a verified petition with contempt, then the person has to file a comment
supporting particulars and certified true copies of and not an answer. After the filing of a comment, the
documents or papers involved therein, and upon full court may conduct a hearing whether the petition is
compliance with the requirements for filing initiatory meritorious. There is no default in this case.
pleadings for civil actions in the court concerned. If (a) Misbehavior of an officer of a court in the
the contempt charges arose out of or are related to performance of his official duties or in his
a principal action pending in the court, the petition official transactions;
for contempt shall allege that fact but said petition (b) Disobedience of or resistance to a lawful writ,
shall be docketed, heard and decided separately, process, order, or judgment of a court,
unless the court in its discretion orders the including the act of a person who, after
consolidation of the contempt charge and the being dispossessed or ejected from any real
principal action for joint hearing and decision. property by the judgment or process of any
court of competent jurisdiction, enters or
The other kind of Contempt is Indirect Contempt
attempts or induces another to enter into or
Q: How is it initiated? upon such real property, for the purpose of
A: There are two ways in initiating an indirect executing acts of ownership or possession, or
contempt: in any manner disturbs the possession given
1. Motu Proprio – the court may issue a show to the person adjudged to be entitled
cause order on its own thereto;
EXAMPLE: A witness has been issued a subpoena to The “order or writ” means a TRO and the judgment
appear in court but he failed to appear without any referred to in this case is the judgment of Prohibition,
reason so the court may require him to show cause Mandamus and Certiorari and not judgment in
specific performance and other cases. Indirect Contempt is a separate and an

Disobedience in writ of demolition or writ of independent action. If the contentious act is
execution is not a ground for contempt because it is committed against a first level court, a petitioner has
addressed to the sheriff. But if the writ of execution the option to file his petition in the first level court or
was already satisfied but the defendant came back the RTC, this is under Sec 5.
to the property, it is considered to be contemptuous. Igot vs CA, G.R. No. 150794, Aug. 17, 2004
(c) Any abuse of or any unlawful interference According to the Supreme Court, Sec. 4 of Rule 71 of
with the processes or proceedings of a court the Rules of Court provides that a charge for indirect
not constituting direct contempt under contempt of court must be filed with the court
section 1 of this Rule; contempted. (We are referring to a multiple sala
court.) Although this provision is permissive in nature,
The lawyer keeps asking for postponement without a in the event of concurrent jurisdiction over cases of
proper ground. contempt of court, it would be a good practice to
(d) Any improper conduct tending, directly or acknowledge the preferential right of the court
indirectly, to impede, obstruct, or degrade against which the act of contempt was committed
the administration of justice; to try and punish the guilty party.
If a lawyer comments on a pending case or if he Section 6. Hearing; release on bail. – If the hearing is
not ordered to be had forthwith, the respondent
threaten the witness of a plaintiff
may be released from custody upon filing a bond, in
(e) Assuming to be an attorney or an officer of a an amount fixed by the court, for his appearance at
court, and acting as such without authority; the hearing of the charge. On the day set therefor,
(f) Failure to obey a subpoena duly served; the court shall proceed to investigate the charge
The court can issue a warrant of arrest and this is and consider such comment, testimony or defense
what we call as BENCH WARRANT. as the respondent may make or offer.
(g) The rescue, or attempted rescue, of a person If the court has issued a warrant of arrest against the
or property in the custody of an officer by respondent, he can be released on bail.
virtue of an order or process of a court held Q: What is the warrant of arrest issued against a
by him. disobedient party? Bench Warrant.
But nothing in this section shall be so construed as to
prevent the court from issuing process to bring the Section 7. Punishment for indirect contempt. – If the
respondent into court, or from holding him in custody respondent is adjudged guilty of indirect contempt
pending such proceedings. committed against a Regional Trial Court or a court
of equivalent or higher rank, he may be punished by
Section 5. Where charge to be filed. – Where the
a fine not exceeding thirty thousand pesos or
charge for indirect contempt has been committed
imprisonment not exceeding six (6) months, or both.
against a Regional Trial Court or a court of
If he is adjudged guilty of contempt committed
equivalent or higher rank, or against an officer
against a lower court, he may be punished by a fine
appointed by it, the charge may be filed with such
not exceeding five thousand pesos or imprisonment
court. Where such contempt has been committed
not exceeding one (1) month, or both. If the
against a lower court, the charge may be filed with
contempt consists in the violation of a writ of
the Regional Trial Court of the place in which the
injunction, temporary restraining order or status quo
lower court is sitting; but the proceedings may also
order, he may also be ordered to make complete
be instituted in such lower court subject to appeal to
restitution to the party injured by such violation of the
the Regional Trial Court of such place in the same
property involved or such amount as may be
manner as provided in section 11 of this Rule. (4a; En
alleged and proved.
Banc Resolution, July 21, 1998.)
The writ of execution, as in ordinary civil actions, shall
Q: If it is initiated through a petition, where is it filed? issue for the enforcement of a judgment imposing a
A: As a rule, in the same court. If it is in the MTC, MTC fine unless the court otherwise provides.
and if it is in the RTC, it is in the RTC. In a multiple sala
Penalty for Direct Contempt is heavier than Indirect
court scenario, it is not the branch that handled the
Contempt
case not unless it is a single sala court. A Petition for
Section 8. Imprisonment until order obeyed. – When acquitted, there is no appeal. It is similar case
the contempt consists in the refusal or omission to do although there is no promulgation if a decision.
an act which is yet in the power of the respondent to
Ceniza vs Wistehuff, G.R. No. 165734, June 16, 2006
perform, he may be imprisoned by order of the court
concerned until he performs it. There is this one case where the nature of his case is
a civil contempt. The court allowed the appeal in this
EXAMPLE: If the respondent refuse to testify, he can case. The Supreme Court allowed the appeal of a
be put to jail indefinitely until he will agree to testify.
judgment of the court dismissing the petition.
Section 9. Proceeding when party released on bail
Section 12. Contempt against quasi-judicial entities.
fails to answer. – When a respondent released on
— Unless otherwise provided by law, this Rule shall
bail fails to appear on the day fixed for the hearing,
apply to contempt committed against persons,
the court may issue another order of arrest or may
entities, bodies or agencies exercising quasi-judicial
order the bond for his appearance to be forfeited
functions, or shall have suppletory effect to such rules
and confiscated, or both; and, if the bond be
as they may have adopted pursuant to authority
proceeded against, the measure of damages shall
granted to them by law to punish for contempt. The
be the extent of the loss or injury sustained by the
Regional Trial Court of the place wherein the
aggrieved party by reason of the misconduct for
contempt has been committed shall have
which the contempt charge was prosecuted, with
jurisdiction over such charges as may be filed
the costs of the proceedings, and such recovery
therefor
shall be for the benefit of the party injured. If there is
no aggrieved party, the bond shall be liable and People of the Philippines vs Godoy 243 SCRA 64
disposed of as in criminal cases. (1995)
Under this section, if the respondent who is released If the respondent is charged with Indirect Contempt,
on bail failed to testify, he can be put back in jail. that is without prejudice to other possible liabilities
such as for libel cases.
Section 10. Court may release respondent. – The
court which issued the order imprisoning a person for Landbank of the Philippines vs Listana 408 SCRA 328
contempt may discharge him from imprisonment (2011)
when it appears that public interest will not be According to the Supreme Court, quasi- judicial
prejudiced by his release. agencies that have the power to cite persons for
Section 11. Review of judgment or final order; bond indirect contempt pursuant to Rule 71 can only do so
for stay. – The judgment or final order of a court in a by initiating them in the proper RTC. So, they need to
case of indirect contempt may be appealed to the file a petition in the RTC. It is not within their jurisdiction
proper court as in criminal cases. But execution of and decide the indirect contempt cases. These
the judgment or final order shall not be suspended matters are still within the jurisdiction of the RTC.
until a bond is filed by the person adjudged in
contempt, in an amount fixed by the court from
which the appeal is taken, conditioned that if the
appeal be decided against him he will abide by and
perform the judgment or final order.
Under this section, the remedy from an adverse
judgment of indirect contempt. In Direct Contempt,
there is no appeal and he remedy is Petition for
Certiorari and/or Prohibition while in Indirect
Contempt, the remedy is appeal to the higher court.
EXAMPLE: If cited for contempt by the MTC, he can
appeal to the RTC or if cited from RTC, he can
appeal to the CA by mere notice of appeal. The
nature of a Petition for Indirect Contempt is similar to
that of a criminal case such that if the accused is

KATARUNGANG PAMBARANGAY LAW Q: A teacher who hit her student that resulted in
slight physical injuries. Does the case need to be
This is embodied in RA No. 7160 which is the Local
referred to the barangay?
Government Code.
A: No, because the crime is related to the
SECTION. 399. Lupong Tagapamayapa. - (a) There is performance of his duties.
hereby created in each Barangay a Lupong (c) Offenses punishable by imprisonment
Tagapamayapa, hereinafter referred to as the exceeding one (1) year or a fine exceeding
lupon, composed of the Punong Barangay as Five thousand pesos (P5,000.00);
chairman and ten(10) to twenty (20) members who
are respected residents of the Barangay. The lupon Q: A crime of physical injuries (Up to the crime of less
shall be constituted every three (3) years in the serious physical injuries) and the parties are residing
manner provided herein. in the same city, the case need to be referred to the
barangay. The crime committed is murder or
The Lupong Tagapamayapa shall be divided into
homicide?
smaller groups called as PANGKAT NG
A: The case should not be referred to the barangay
TAGAPAGSUNDO which shall be composed of 3
because offense is punishable by imprisonment
members. Among the 3 members they shall choose
exceeding one year.
who will be the chairman, pangkat secretary, and
member. (d) Offenses where there is no private offended
party;
Q: What are the cases/matters that are required to (e) Where the dispute involves real properties
be referred to the Barangay? located in different cities or municipalities
A: The lupon of each barangay shall have authority unless the parties thereto agree to submit
to bring together the parties actually residing in the their differences to amicable settlement by
same city or municipality for amicable settlement of an appropriate lupon;
all disputes. (just memorize the exceptions, Sec. 408.
Subject Matter for Amicable Settlement; Exception EXAMPLE: In a case of partition, the land is in Cebu
Thereto.) City and the other land is in Mandaue, no need to
refer the case to the barangay.
Q: The complainant is in Lahug and the defendant is
in Labangon. Does the case need to be referred in (f) Disputes involving parties who actually reside
the barangay even if they are not residing in the in barangays of different cities or
same barangay? municipalities, except where such barangay
A: Yes, because they are residing in the same city units adjoin each other and the parties
even if they are not residing in the same barangay. thereto agree to submit their differences to
amicable settlement by an appropriate
Q: What about those cases that are cognizable by lupon;
the RTC. Does it need to be referred in the arangay?
The court in which non-criminal cases not falling
A: Yes, all cases. (Memorize the exceptions)
within the authority of the lupon under this Code are
Q: What are the exceptions? filed may, at any time before trial motu propio refer
A: Section 408. Subject Matter for Amicable the case to the lupon concerned for amicable
Settlement; Exception Thereto. - The lupon of each settlement. All case shall be referred to the Barangay
barangay shall have authority to bring together the as long as the parties are residing in the same city or
parties actually residing in the same city or municipality. Not necessarily the same Barangay.
municipality for amicable settlement of all disputes (g) Such other classes of disputes which the
except: President may determine in the interest of
Justice or upon the recommendation of the
(a) Where one party is the government, or any
Secretary of Justice.
subdivision or instrumentality thereof;
(b) Where one party is a public officer or Q: What are the other exceptions?
employee, and the dispute relates to the A: Section 412. Conciliation. -
performance of his official functions;

(a) Pre-condition to Filing of Complaint in Court. one day will be compensated by the accused. Can
- No complaint, petition, action, or a case be filed against the accused in court?
proceeding involving any matter within the A: No, the compromise agreement in the barangay
authority of the lupon shall be filed or has the effect of a final judgment in court. Otherwise,
it would create double jeopardy.
instituted directly in court or any other
government office for adjudication, unless Q: In a civil case, and they agreed in the barangay
there has been a confrontation between the that he will agree to pay. Can the planiitff file a case
parties before the lupon chairman or the in court?
pangkat, and that no conciliation or A: No more otherwise it would create res judicata
settlement has been reached as certified by because the compromise agreement reached by
the lupon secretary or pangkat secretary as the parties in the barangay has the effect of a final
attested to by the lupon or pangkat judgment of a court either in a criminal case or a civil
chairman or unless the settlement has been case.
repudiated by the parties thereto. (c) Conciliation among members of indigenous
(b) Where Parties May Go Directly to Court. - The cultural communities. - The customs and
parties may go directly to court in the traditions of indigenous cultural communities
following instances: shall be applied in settling disputes between
(1) Where the accused is under detention; members of the cultural communities.
(2) Where a person has otherwise been Q: What are the venues for barangay disputes?
deprived of personal liberty calling for
A: Section 409. Venue. -
habeas corpus proceedings;
(3) Where actions are coupled with (a) Disputes between persons actually residing in
provisional remedies such as preliminary the same barangay shall be brought for
injunction, attachment, delivery of amicable settlement before the lupon of said
barangay.
personal property and support pendente
(b) Those involving actual residents of different
lite; and
barangays within the same city or
The prayer must be made in good faith. municipality shall be brought in the
(4) Where the action may otherwise be barangay where the respondent or any of
barred by the statute of limitations. the respondents actually resides, at the
election of the complaint.
TAKE NOTE: Not mentioned in RA NO. 7160, which are
(c) All disputes involving real property or any
the following: interest therein shall be brought in the
 Labor Disputes not included in Rules of Court barangay where the real property or the
(Montoa vs Escayo, G.R. No. 82211-12, Mar. larger portion thereof is situated.
21, 1989) (d) Those arising at the workplace where the
 Agrarian Dispute under Comprehensive contending parties are employed or at the
Agrarian Reform Law, Sec. 4. institution where such parties are enrolled for
 When one of the parties is a juridical person, study, shall be brought in the barangay
for example, collection sum of money filed where such workplace or institution is
by the bank. located.
TAKE NOTE: That even criminal cases can be referred Objections to venue shall be raised in the
to the barangay as long as the penalty does not mediation proceedings before the punong
exceed one year. We have learned that in criminal barangay; otherwise, the same shall be
cases, it cannot be compromised or settled but deemed waived. Any legal question which
under KP Law, it can be settled as long as the penalty may confront the punong barangay in
not exceeding one year. resolving objections to venue herein referred
to may be submitted to the Secretary of
Q: The crime committed is Slight Physical Injuries, they Justice, or his duly designated
agreed in the barangay that his absence at work for

representative, whose ruling thereon shall be for indirect contempt but a PETITION shall be filed in
binding. court.
The case shall be filed in the barangay, if the parties (c) Suspension of prescriptive period of offenses
are residing in different barangays, the complaint – While the dispute is under mediation,
shall be filed in the barangay where the respondent conciliation, or arbitration, the prescriptive
is residing. If it is a real action, it shall be filed in the periods for offenses and cause of action
barangay where the real property is located. under existing laws shall be interrupted upon
filing the complaint with the punong
Section 410. Procedure for Amicable Settlement. - barangay. The prescriptive periods shall
resume upon receipt by the complainant of
(a) Mediation by lupon chairman – Upon receipt
the complainant or the certificate of
of the complaint, the lupon chairman shall
repudiation or of the certification to file
within the next working day summon the
action issued by the lupon or pangkat
respondent(s), with notice to the
secretary: Provided, however, That such
complainant(s) for them and their witnesses
interruption shall not exceed sixty (60) days
to appear before him for a mediation of their
from the filing of the complaint with the
conflicting interests. If he fails in his mediation
punong barangay.
effort within fifteen (15) days from the first
meeting of the parties before him, he shall The filing of the case with the barangay shall suspend
forthwith set a date for the constitution of the the running of the prescriptive period for 60 days. In
pangkat in accordance with the provisions of other words the proceedings shall be terminated
this Chapter. within 60 days because the period for suspension of
It would start with the filing of a complaint. It can be the prescriptive period would only be for 60 days. The
done orally or in writing to Lupon Chairman. The parties are required to PERSONALLY APPEAR before
barangay may also require for a filing fee. the barangay and lawyers are not allowed to
appear except when the lawyer himself is the
(b) Who may initiate proceeding – Upon complainant or the respondent.
payment of the appropriate filing fee, any
Q: Suppose the plaintiff is a judge, does it need to be
individual who has a cause of action against
referred to the barangay?
another individual involving any matter
A: Yes, because it is not among the exceptions.
within the authority of the lupon may
complain, orally or in writing, to the lupon (d) Issuance of summons; hearing; grounds for
chairman of the barangay. disqualification - The pangkat shall convene
not later than three (3) days from its
Q: Who will first mediate?
constitution, on the day and hour set by the
A: The barangay captain will first mediate the
lupon chairman, to hear both parties and
parties. He will issue summon or subpoena to the
their witnesses, simplify issues, and explore all
parties within the next working day.
possibilities for amicable settlement. For this
If the Lupon Chairman fails to settle the parties, then purpose, the pangkat may issue summons for
the Pangkat ng Tagapkasundo (Sec. 399) shall be the personal appearance of parties and
constituted. The constitution of the Pangkat witnesses before it. In the event that a party
Tapapagkasundo is not necessary if none of the moves to disqualify any member of the
parties appeared before the Lupon chairman on the pangkat by reason of relationship, bias,
date of the hearing. If the plaintiff did not appear, interest, or any other similar grounds
the case will be DISMISSED. discovered after the constitution of the
If the respondent did not appear, the Lupon pangkat, the matter shall be resolved by the
Chairman can immediately issue a CERTIFICATION affirmative vote of the majority of the
TO FILE ACTION. If it is the respondent who fails to pangkat whose decision shall be final. Should
appear, he cannot raise counterclaim or WAIVER of disqualification be decided upon, the
this counterclaim. This is the effect if the respondent resulting vacancy shall be filled as herein
will not appear. He can also be cited for INDIRECT provided for.
CONTEMPT. The barangay is not the one who will cite
(e) Period to arrive at a settlement – The pangkat example, if it was raised only during the pre-trial or
shall arrive at a settlement or resolution of the worse in the trial, such defense is already waived.
dispute within fifteen (15) days from the day
Section 414. Proceedings Open to the Public;
it convenes in accordance with this section. Exception. - All proceedings for settlement shall be
This period shall, at the discretion of the public and informal: Provided, however, That the
pangkat, be extendible for another period
lupon chairman or the pangkat chairman, as the
which shall not exceed fifteen (15) days,
case may be, may motu proprio or upon request of
except in clearly meritorious cases. a party, exclude the public from the proceedings in
the interest of privacy, decency, or public morals.
Section 411. Form of settlement. - All amicable
settlements shall be in writing, in a language or Section 416. Effect of Amicable Settlement and
dialect known to the parties, signed by them, and Arbitration Award. - The amicable settlement and
attested to by the lupon chairman or the pangkat arbitration award shall have the force and effect of
chairman, as the case may be. When the parties to a final judgment of a court upon the expiration of ten
the dispute do not use the same language or (10) days from the date thereof, unless repudiation
dialect, the settlement shall be written in the of the settlement has been made or a petition to
language known to them. nullify the award has been filed before the proper
city or municipal court.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. Q: What is the effect of amicable settlement or
- No complaint, petition, action, or compromise agreement reached by the barangay?
proceeding involving any matter within the A: It has the effect of a final judgment in the court if
authority of the lupon shall be filed or not repudiated within the period of 10 days. So, if you
instituted directly in court or any other signed an agreement in the barangay but within 10
government office for adjudication, unless days the same was repudiated or you asked for its
there has been a confrontation between the cancellation because the consent was obtained by
parties before the lupon chairman or the fraud or intimidation then it would be invalidated. Or
pangkat, and that no conciliation or if the petition is filed in court but if there is no
settlement has been reached as certified by repudiation filed within 10 days, it has the effect of a
the lupon secretary or pangkat secretary as final judgment even if a criminal case or a civil case.
attested to by the lupon or pangkat If it is a civil case, it cannot be filed anymore in court
chairman or unless the settlement has been because it is barred by res judicata. If it is a criminal
repudiated by the parties thereto. case, it will be dismissed in filed in court because it is
barred by double jeopardy.
If the case is required to be referred to the barangay,
the same shall be dismissed without prejudice if the Q: If it has a force and effect of the final judgment of
same was not referred to the barangay. Although the court, how could it be executed?
non-referral to the barangay is a ground for dismissal, A: There are two ways in executing an amicable
the same has to be raised in the answer in the settlement, which are the following:
affirmative defense, if it is a civil case. 1. ADMINSTRATIVE – the amicable settlement
Remember that the affirmative defense of condition can be enforced by the Lupon Chairman.
precedent – an example is the non-referral to the The Lupon Chairman would act as sheriff
barangay. It must be raised as an affirmative within the period of 6 months from the date
defense in the answer, if not, such defense is waived. the obligation becomes due and
If it was raised only during trial or pre-trial, it is demandable. So, if the obligation of the
considered waived. respondent would start on the very day that
he signed the amicable settlement then the
If it is a criminal case, the non-referral of the case reckoning date for the counting of the 6
before the barangay shall be raised before month period would be that date of the
arraignment such as in a motion to quash or motion signing.
to dismiss. If not raised before arraignment. For

Q: In an ejectment case, the respondent asked for 2 amicable settlement before the barangay
months where he will find a place to stay. The and the two modes which are Administrative
counting of the 6 month period would be the lapse and Judicial
of the 2 months given to the respondent. Who will 2. Vidal vs Escueta, G.R. No. 156228, Dec. 10,
execute? 2003 - as of the counting of the 6 month
A: The Lupon Chairman or Barangay Captain period.
EXAMPLE: In the ejectment the respondent asked for 3. Urbano vs Intemrediate Appellate Court 157
two months to find a place but after the lapse of 2 SCRA 1 (1988) - regarding double jeopardy
months the respondent did not vacate. Then the 4. Miguel vs Montanez, G.R. No. 191336, Jan. 25,
Barangay Captain can go to the house and force 2012 – regarding res judicata
the respondent to vacate, he can also ask
assistance with the police.
EXAMPLE: If the respondent agreed to pay the

obligation in 2 months, but the respondent did not
pay, the barangay captain can go directly to the
house of respondent and demand the payment. He
can also levy the properties of the respondent for the
satisfaction of the debt.
2. JUDICIAL – to be file with the court. After the
lapse of 6 months from the date the
obligation becomes due and demandable
Q: Suppose the 6 month period has elapsed?
A: The execution of the amicable settlement would
be done judicially. A case for the enforcement of the
amicable settlement shall be filed in court. This is not
a motion for execution.
Q: In an ejectment case, the respondent agreed

that he will vacate after 1 month but later did not
vacate and also after 6 months, he also did not
vacate. What is the remedy of the lessor?
A: He will file a complaint for enforcement for
amicable settlement. The cause of action is not
ejectment but ENFORCEMENT of the amicable
settlement.
EXAMPLE: In a collection of sum of money, the

respondent did not pay and the 6 month period has
elapsed. If the plaintiff will file case, it is not a case for
collection of sum of money but enforcement of the
amicable settlement.
Q: What is the purpose of the law that almost all

cases are referred to the barangay?
A: To remove the burden of the courts to handle
numerous cases that can be settled in the barangay
level.
CASES TO READ:
1. Sebastian vs Lagmay, G.R. No. 164594, April
22, 2015, - for the enforcement of the
REVISED RULES ON SUMMARY PROCEDURE 2. Violations of the rental law

3. Violations of municipal or city ordinances;
The revised rules of summary procedure is the same
4. Violation of BP No. 22 (!!!)
with ejectment. This rule is applicable to criminal as
5. All other criminal cases where the penalty
well as civil cases.
prescribed is less than one year or a fine that
Q: In what courts shall this rule be applicable? does not exceed P1,000.00 regardless of the
amount of civil liability
A: This is only applicable to first level courts. Once the
case is appeals to the RTC or higher courts, this rule In KP Law, it is more than one year or a fine
will not apply. exceeding P1,000.00.
6. With regards to damages to property
Ejectment cases is now in Rule 70. All other cases through reckless imprudence, it would be
where the total amount of the plaintiff’s claim does under summary procedure if the damage is
not exceed. If purely money claims, the Rule on not more than P10,000
Small Claims Cases will apply where the purely
money claims does not exceed P300,000 for MTC, Upon the filing of the case in court, whether criminal
MCTC, MTCC and up to P400,000 in METC as to or civil, the court has to issue an order indicating that
jurisdictional amount. But if it already involves torts, it the case is governed by the rule on Civil Procedure.
is not anymore purely money claims.
In Civil Cases, there are only three pleadings
EXAMPLE: The plaintiff files a complaint for damages allowed:
based on torts or based on breach on contract aside 1. Complaint
form contract of loan or lease. If his demand is 2. Answer with Compulsory Counter Claim or
P100,000. The rule that should be followed is the Rule Cross Claim
on Summary Procedure. 3. Answer to the Counter Claim or Cross Claim
All pleadings must be verified. Hence, the complaint
and answer must be verified, however, verification is
Sec. 12. Duty of court. — not a jurisdictional defect so the court may allow
(a) If commenced by compliant. — On the basis correction or amendment.
of the compliant and the affidavits and other Upon the finding of the civil case/complaint, the
evidence accompanying the same, the court may immediately dismiss the case on any
court may dismiss the case outright for being ground if the court does not find any ground then it
patently without basis or merit and order the will issue summons.
release of the amused if in custody.
(b) If commenced by information. — When the Don Tino Realty and Dev. Corp. vs Florentino 314
case is commenced by information, or is not SCRA 197 (1999) & Luna vs Mirafuente, AM No. MTJ-
dismissed pursuant to the next preceding 05-1610, Sept. 26,2005
paragraph, the court shall issue an order The period to file answer is shall be within 10 days.
which, together with copies of the affidavits Admission of late answer is not allowed.
and other evidence submitted by the
Motion for Extension of Time is not allowed.
prosecution, shall require the accused to
submit his counter-affidavit and the affidavits Effect of Failure to file answer – if the defendant fails
of his witnesses as well as any evidence in his to fail an answer, the plaintiff cannot file a Motion to
behalf, serving copies thereof on the Declare the Defendant In Default but the court can
complainant or prosecutor not later than ten immediately render judgment based on the
(10) days from receipt of said order. The allegations on the complaint. Since the plaintiff’s
prosecution may file reply affidavits within ten counsel cannot file a Motion to Declare the
(10) days after receipt of the counter- Defendant In Default, they may file a MOTION TO
affidavits of the defense. RENDER JUDGMENT.
CRIMINAL CASES: Submission of late answer is not allowed.
1. Violations of traffic laws, rules and regulations

Fairland Knitgraft Corp vs Loo Po, G.R. No. 217694, After the submission of the counter affidavit or even
Jan. 27, 2016 if there is none, the case shall be set for arraignment
and trial. As mentioned, the court will not issue a
According to the Supreme Court, the failure of the
warrant of arrest but if the accused would not
defendant to file answer and to controvert the claim
appear in court and required to do so, the court can
against the plaintiff constitutes his admission or
issue a warrant for his arrest like a bench warrant. For
acquiescence to every allegation stated in the
example, he is required to appear during
complaint.
arraignment because the appearance of the
After the filing of the answer, preliminary conference accused is mandatory and despite notice he failed
which is similar to pre-trial. Failure on the part of the to appear. The court may issue a warrant of his arrest.
plaintiff to appear, the case will be dismissed. Failure
Q: What should be taken in a pre-trial in a criminal
on the part of the defendant to appear, the court
case?
shall render judgment based on the allegations of
A: Just like in ordinary criminal cases, plea bargaining
the complaint EXCEPT when there are several
stipulation of facts, issues, and the witnesses to be
defendants and they are sued under a common
presented.
cause of action because if some of the defendants
appeared but the others did not, the appearance Sec. 15. Procedure of trial. — At the trial, the affidavits
of some of the defendants would inure to the benefit submitted by the parties shall constitute the direct
of the non-appearing defendant if they are sued testimonies of the witnesses who executed the same.
under a common action or they have a common Witnesses who testified may be subjected to cross-
defense. examination, redirect or re-cross examination.
After the preliminary conference, the court will issue Should the affiant fail to testify, his affidavit shall not
an order reciting what happened during the be considered as competent evidence for the party
preliminary conference and among others it will presenting the affidavit, but the adverse party may
state the issue. The court shall issue an order and a utilize the same for any admissible purpose.
copy of the order shall be sent to the parties and Except in rebuttal or surrebuttal, no witness shall be
they are given 10 days to file their position papers. allowed to testify unless his affidavit was previously
There is no presentation of evidence. All the submitted to the court in accordance with Section
evidence shall be attached to the POSITION PAPER. 12 hereof.
The judicial affidavits shall be attached including However, should a party desire to present additional
other documentary and object evidence. After the affidavits or counter-affidavits as part of his direct
submission of the position papers, the court has to evidence, he shall so manifest during the preliminary
render within 30 days. conference, stating the purpose thereof. If allowed
by the court, the additional affidavits of the
In criminal case, it is the same either commenced by prosecution or the counter-affidavits of the defense
a complaint or information, the court can shall be submitted to the court and served on the
immediately dismiss the case if it finds any ground to adverse party not later than three (3) days after the
dismiss the same. If there is no ground to dismiss the termination of the preliminary conference. If the
case, the court shall issue an order requiring the additional affidavits are presented by the
accused to submit a COUNTER AFFIDAVIT. prosecution, the accused may file his counter-
affidavits and serve the same on the prosecution
TAKE NOTE: In criminal cases governed by the rules of
within three (3) days from such service.
summary procedure, the court is not allowed to issue
a warrant of arrest. Instead of a warrant of arrest, the TAKE NOTE: During the trial under the Rules on
court will issue an order directing an accused to Summary Procedure, a criminal case differs in a civil
submit COUNTER AFFIDAVIT within 10 days. case because in criminal cases there is trial while in
Cariaga vs Anasario 396 SCRA 599 (2003) civil cases where only position papers are submitted.
The witnesses should testify based on their judicial
Submission of late counter affidavit is not allowed. If affidavits. A witness who has submitted an affidavit
he does not submit counter affidavit, he is waiving his but fails to appear in court, his affidavit would not be
right to present evidence.

admissible due to hearsay except on rebuttal or Amended Rules has to be rise din the answer as an
surrebuttal. affirmative defense.
If a party wishes to submit additional affidavit of Sec. 21. Appeal. — The judgment or final order shall
witnesses because he quickly filed his counter be appealable to the appropriate regional trial
affidavit. He can ask permission from the court during court which shall decide the same in accordance
preliminary conference to submit additional with Section 22 of Batas Pambansa Blg. 129. The
affidavits of witnesses and the same shall be decision of the regional trial court in civil cases
submitted within 3 days. governed by this Rule, including forcible entry and
unlawful detainer, shall be immediately executory,
Sec. 16. Arrest of accused. — The court shall not
without prejudice to a further appeal that may be
order the arrest of the accused except for failure to
taken therefrom. Section 10 of Rule 70 shall be
appear whenever required. Release of the person
deemed repealed.
arrested shall either be on bail or on recognizance
by a responsible citizen acceptable to the court. Motion of New trial or Reconsideration of Judgment
is also prohibited. The remedy is only appeal. Motion
Under this section, the arrest of the accused, no
to declare defendant in default is also prohibited.
warrant of arrest should be issued but if the accused
The decision of the court in civil cases is immediately
fails to appear when required to do so he can be
executory.
arrested.
There are 3 instances where the presence of the TAKE NOTE: In ejectment cases, what should be done
accused is required: by the defendant in order to stay the decision of the
1. Arraignment court which are the following:
2. Trial 1. if the defendant would file an appeal (within
3. Promulgation of the Decision 15 days)
2. within the same period to file appeal, he
Sec. 18. Referral to Lupon. — Cases requiring referral
would deposit supersedeas bond equal to
to the Lupon for conciliation under the provisions of
the amount of unpaid rentals awarded by
Presidential Decree No. 1508 where there is no
the court
showing of compliance with such requirement, shall
3. while the case is pending appeal in the RTC,
be dismissed without prejudice and may be revived
the defendant would make periodic deposit
only after such requirement shall have been
of the rentals
complied with. This provision shall not apply to
criminal cases where the accused was arrested
without a warrant.chanrobles virtua
Under this section, this is about the referral of the

case to the barangay. If a criminal or civil case is filed
in court without prior referral to the barangay, the
same shall be dismissed without prejudice. It’s not
jurisdictional so if the adverse party fails to raise the
non-referral at the proper time, it is waived.
Prohibited Motions (Sec. 19), it is the same with

ejectment, Motion to Dismiss or Motion to quash
except on the ground of lack of jurisdiction over the
subject matter and non-referral to the barangay.
What if there are other grounds aside from lack of
jurisdiction over the subject matter and the non-
referral to the barangay, then the same has to be
raised as an affirmative defense in the answer. In
fact non referral before the barangay, under the

REVISED RULES OF PROCEDURE OF SMALL CLAIMS P400,000 within Metro Manila, the action for the
CASES enforcement is governed by these rules.
These rules are applicable only to first level courts Section 6. Commencement of Small Claims Action. -
and the action is purely money claims. The amount A small claims action is commenced by filing with the
has been raised to P300,000 for first level courts court an accomplished and verified Statement of
outside Metro Manila and within Metro Manila is Claim (Form 1-SCC) in duplicate, accompanied by
P400,000. That is pursuant to OCA Circular No. 45-
a Certification Against Forum Shopping, Splitting a
2019 dated March 21, 2019.
Single Cause of Action, and Multiplicity of Suits (Form
Sec 5. Applicability. - The Metropolitan Trial Courts, 1-A SCC), and two (2) duly certified photocopies of
Municipal Trial Courts in Cities, Municipal Trial Courts, the actionable document/s subject of the claim, as
and Municipal Circuit Trial Courts shall apply this Rule well as the affidavits of witnesses and other evidence
in all actions that are purely civil in nature where the to support the claim. No evidence shall be allowed
claim or relief prayed for by the plaintiff is solely for during the hearing which was not attached to or
payment or reimbursement of sum of submitted together with the Statement of Claim,
money. unless good cause is shown for the admission of
additional evidence.
The plaintiff must state in the Statement of Claims if
Q: What are these contracts that are purely money
claims? he/she/it is engaged in the business of lending,
A: The contracts that are purely money claims: banking and similar activities, and the number of
small claims cases filed within the calendar year
a) For money owed under any of the following:
regardless of judicial station.
1. Contract of Lease;
No formal pleading, other than the Statement of
This presupposes that the claim of the plaintiff is for
the payment of rentals. If the plaintiff seeks for the Claim/s described in this Rule, is necessary to initiate
payment of rentals as well as to evict the tenants, a small claims action.
that is not anymore purely money claims. The rules
Q: How to commence an action for small claims?
states that no money claims will not apply because
A: It is not a complaint but a Statement of Claim
it is now an ejectment case. If the remedy sought is
(form provided). Attaching thereto, the certified
cancellation of contract, it is not anymore a purely
photocopies of the actionable documents or all
money claim.
document evidencing the claim and affidavits of
2. Contract of Loan;
the witnesses. If it is not attached, the same cannot
This presupposes that there is a contract of loan. If
be presented during the hearing.
you sought for the foreclosure of the mortgage, then
this rule will not apply. Another requirement, if the plaintiff is engaged in
3. Contract of Services; money lending, banking and similar activities. It must
4. Contract of Sale; or be so stated in the Statement of Claim and the
5. Contract of Mortgage number of small claims filed in court within the year
b) For liquidated damages arising from contract regardless of the judicial station. This allegation is
important because failure on the part of the plaintiff
If it is liquidated, the amount of damages it is already
to state in the statement of claims that is engaged in
specifically provided by the contract and not those
the business of money lending, banking or similar
unliquidated damages such as moral damages or
activities will cause the dismissal of the case with
exemplary damages which can only be proved
prejudice.
through evidence.
c) The enforcement of a barangay amicable Section 7. Venue. - The regular rules on venue shall
settlement or an arbitration award involving apply.
a money claim. However, if the plaintiff is engaged in the business of
lending, banking and similar activities, and has a
If the amount of the amicable settlement does not
exceed P300,000 for outside Metro Manila or branch within the municipality or city where the

defendant resides, the Statement of Claim/s shall be returned to the court where it was assigned, subject
filed where that branch is located. to payment of any deficiency in the applicable
regular rate of filing fees. If a case is filed under the
The rule on personal action shall be followed. regular or summary procedure, but actually falls
However, if the plaintiff has a branch in the place under this Rule, the case shall be referred to the
where the defendant is residing, it is required that the Executive Judge for appropriate assignment.
case shall be filed in that place where the defendant
is residing and where the plaintiff has a branch. If the court does not find any ground to dismiss the
case, it shall issue summons together with notice of
Section 8. Joinder of Claims. - Plaintiff may join in a hearing. Small Claims is much faster in Summary
single statement of claim one or more separate small Procedure because Small Claims cases can be
claims against a defendant provided that the total finished in one month. Upon the filing of the
amount claimed, exclusive of interest and costs, statement of claim and the court does not find any
does not exceed Two Hundred Thousand Pesos ground to dismiss the case, the court shall issue
(P200,000.00). summons and notice of hearing. The hearing should
be held within one month form the filing of the case.
The joinder of causes of action can be done
There is only one hearing in small claims cases.
provided that the total amount does not exceed the
ceiling amount of P300,000 or P400,000. (amended) The summons shall be accompanied by five
documents. These are the following:
Section 11. Dismissal of the Claim. - After the court
 Summons
determines that the case falls under these Rules, it
 Statement of Claims
may, from an examination of the allegations of the
 Notice of Hearing
Statement of Claim/s and such evidence attached
 Response Form
thereto, by itself, dismiss the case outright on any of
 Special Power of Attorney (if there is
the grounds for the dismissal of the case. The order
any/needed) - if the defendant cannot
of dismissal shall state if it is with or without prejudice.
personally appear in court for a valid reason.
If, during the hearing, the court is able to determine
He has to fill up the special power of attorney
that there exists a ground for dismissal of the
form.
Statement of Claim/s, the court may, by itself, dismiss
the case even if such ground is not pleaded in the Section 12. Summons and Notice of Hearing. - If no
defendant's Response. ground for dismissal is found, the court shall forthwith
If plaintiff misrepresents that he/she/it is not engaged issue Summons (Form 2-SCC) on the day of receipt of
in the business of banking, lending or similar activities the Statement of Claim/s, directing the defendant to
when in fact he/she/it is so engaged, the Statement submit a verified Response.
of Claim/s shall be dismissed with prejudice and The court shall also issue a Notice of Hearing (Form 4-
plaintiff shall be meted the appropriate sanctions, SCC) to both parties, directing them to appear
such as direct contempt. before it on a specific date and time for hearing,
Q: Suppose the case does not govern under small with a warning that no unjustified postponement
claims but it has been docketed as small claims? shall be allowed, as provided in Section 21 of this
A: It shall not be dismissed but re-docketed to the Rule.
proper court. The Summons to be served on the defendant shall
be accompanied by a copy of the Statement of
Q: Suppose a case is filed under the regular or Claim/s and documents submitted by plaintiff, and
summary procedure but it actually falls under this
a blank Response Form (Form 3-SCC) to be
rue?
accomplished by the defendant.
A: It will not be dismissed but referred to the
A Notice of Hearing shall accompany the Summons
executive judge for appropriate assignment.
and shall contain: (a) the date of the hearing, which
However, if the case does not fall under this Rule, but shall not be more than thirty (30) days from the filing
falls under summary or regular procedure, the case
of the Statement of Claim/s; and (b) the express
shall not be dismissed. Instead, the case shall be re-
docketed under the appropriate procedure, and
prohibition against the filing of a motion to dismiss or Section 18. Appearance. - The parties shall personally
any other motion under Section 16 of this Rule. appear on the designated date of hearing.
If Summons is returned without being served on any Appearance through a representative must be for a
or all of the defendants, the court shall order the valid cause. The representative of an individual-
plaintiff to cause the service of summons and shall party must not be a lawyer and must be related to
inform the court within thirty (30) days from notice if or next-of-kin of the individual-party. Juridical entities
said summons was served or not; otherwise, the shall not be represented by a lawyer in any capacity.
Statement of Claim/s shall be dismissed without The representative must be authorized under a
Special Power of Attorney (Form 7-SCC) to enter into
prejudice as to those who were not served with
an amicable settlement of the dispute and to enter
summons.
into stipulations or admissions of facts and of
If the summons is returned because the sheriff or the documentary exhibits.
process server failed to find him, the court shall order
The parties should personally appear without the
the plaintiff to serve the summons and he is required
assistance of the lawyer. Lawyers are prohibited from
to submit the return in 30 days. If the respondent or
appearing in court except if he is the plaintiff or the
the defendant cannot be located or the summons
defendant. If a party is a juridical person, it must be
cannot be served, the case shall be dismissed
represented by a person who is not a lawyer.
without prejudice. The response is within 10 days and
there is no extension. Section 19. Appearance of Attorneys Not Allowed. -
No attorney shall appear in behalf of or represent a
Section 14. Effect of Failure to File Response. - Should
party at the hearing, unless the attorney is the
the defendant fail to file his/her/its Response within
plaintiff or defendant.
the required period, and likewise fail to appear on
If the court determines that a party cannot properly
the date set for hearing, the court shall render
present his/her claim or defense and needs
judgment on the same day, as may be warranted by
assistance, the court may, in its discretion, allow
the facts alleged in the Statement of Claim/s.
another individual who is not an attorney to assist
Should the defendant fail to file his/her/its Response
that party upon the latter's consent.
within the required period but appears on the date
set for hearing, the court shall ascertain what Supposes a party cannot appear, just the same in
defense he/she/it has to offer which shall constitute ordinary cases, the representative must be
his/her/its Response, and proceed to hear or equipped with a Special Power of Attorney with
adjudicate the case on the same day as if a authority (must state) to:
Response has been filed. (!!!)
 Enter into a Compromise Agreement
Q: What is the effect of the defendant fails to file his  Enter into a Stipulation of Facts
response?  Documentary Exhibits
A: The court will not render judgment. If the
defendant fails to file his response and likewise failed Section 20. Non-appearance of Parties. - Failure of
to appear during the hearing, the court will render the plaintiff to appear shall be cause for the dismissal
judgment based on the allegation in the Statement of the Statement of Claim/s without prejudice. The
of Claim. If the defendant appears even if he did not defendant who appears in the absence of the
file a response, the court will entertain his defense. plaintiff shall be entitled to judgment on a permissive
counterclaim.
Q: What if he has counterclaims?
A: The same can be included in the answer, be it If it is the defendant who did not appear, it has the
compulsory or permissive as long as it is within the same effect as if he did not file a response. So, in
Rules of Small Claims. In Summary Procedure, other words, the court can render judgment based
permissive counterclaim is not allowed. In small on the statement of claims and its annexes except
claims, it is allowed as long as it is within the when there are several defendant sand some of
Jurisdictional Amount of Small Claims. them appeared and their appearance would inure
to the benefit of the other parties. If both parties did
TAKE NOTE: Sec. 16 Prohibited Motions and Pleadings not appear, the dismissal is with prejudice.
– Matter of Reading. (Hehe)
The hearing hall be terminated within the same day

and the decision shall be rendered within 24 hours.
The hearing shall be informal.
Q: Suppose the parties cannot enter into a

compromise agreement. How is presentation of
Evidence done?
A: The judge will ask the plaintiff if in the statement of
claim there is proof that the defendant has obtained
a loan. The plaintiff is also asked if demand was
made and would ask if there is a proof if such
demand was made.
Section 24. Decision. - After the hearing, the court

shall render its decision based on the facts
established by the evidence (Form 11-SCC), within
twenty-four (24) hours from termination of the
hearing. The decision shall immediately be entered
by the Clerk of Court in the court docket for civil
cases and a copy thereof forthwith served on the
parties.
The decision of the court is final executory and not
appealable. The only remedy of the aggrieved party
is Petition for Certiorari. Motion for Reconsideration
and New Trial is not allowed.

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USJR-School of Law Civil Procedure, Provisional Remedy, Special Civil Action

Choy Notes w/ Sherre, Blanche, JCL & JHS 1|P a g e

Provisional Remedies – another sem

- START OF DISCUSSION - Constitution

What is substantive law? How do you distinguish it - SC decisions

Choy Notes w/ Sherre, Blanche, JCL & JHS 2|P a g e

2. merits of case; 1. The rules that SC shall promulgate have to

Phil courts are both courts of law and equity. So,

What are inferior courts?

Choy Notes w/ Sherre, Blanche, JCL & JHS 3|P a g e

Our courts could only classify as original and

- Right of action – refers to right of plaintiff to JURISDICTION OVER THE PLAINTIFF

Upon the filing of a case either personally or duly

The defendant’s voluntary appearance shall be

of the court. Other motions or pleadings is JURISDICTION OVER THE PARTIES

In a proceeding in rem or quasi in rem, jurisdiction

TN: Once jurisdiction is vested, the same is retained

Choy Notes w/ Sherre, Blanche, JCL & JHS 6|P a g e

Example: during trial, nya 3M collection sum of

There is an exception. Adunay instance nga

Error of judgment – court has jurisdiction but

In the exams, if wa ge specify ang pila kabuok

Choy Notes w/ Sherre, Blanche, JCL & JHS 9|P a g e

D. Special jurisdiction – refers to MTC’s power to JURISDICTION OF THE SUPREME COURT

 has concurrent jurisdiction with RTC and CA

 Also in cases rendered by the RTC, involving

Choy Notes w/ Sherre, Blanche, JCL & JHS 11 | P a g e

Where to appeal? One case, ang interest agreed by the parties so it

ORIGINAL EXCLUSIVE JURISDICTION

Ex: naay naka borrow nmo ug 1M nya wa mibayad

How about interest?

Choy Notes w/ Sherre, Blanche, JCL & JHS 12 | P a g e

September 3, 2021 Damages have to be excluded however where the

Choy Notes w/ Sherre, Blanche, JCL & JHS 16 | P a g e

Karun 2 class of family courts:

RTC has also appellate J:

1. Petitions for guardianship, custody of children, MTC JURISDICTION:

Choy Notes w/ Sherre, Blanche, JCL & JHS 18 | P a g e

Choy Notes w/ Sherre, Blanche, JCL & JHS 19 | P a g e

Doctrine of exhaustion of admin rem:

Ex: ng increase ta run ug J SECTION 408. Subject Matter for Amicable

Same with ROC SC: minaldito na imoha di pede gmaiton ang

Choy Notes w/ Sherre, Blanche, JCL & JHS 24 | P a g e

If naa nay decision ang court ang sunod ana is

Choy Notes w/ Sherre, Blanche, JCL & JHS 26 | P a g e

September 10, 2021 Section 3. Cases governed. - These Rules shall

Rules of Court (a) A civil action is one by which a party sues

(c) A special proceeding is a remedy by

PROPOSED AMENDMENTS TO THE 1997 RULES OF

Section 1. Title of the Rules. - These Rules shall be

Q: In what courts do the ROC apply? difference ordinary v specpro

The ROC have the force and effect of a law.

- protect or enforce a right or prevent or

- civil - right is already existing as provided by

- right is yet to be established.

What will happen if the supposed rep is not duly

 election cases, - may be dismissed.

 land registration, On what ground?

 cadastral, - failure to state a cause of action. (travewide